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Category: General Legal

It is often the case that a party who is thinking of making a Financial Agreement is reluctant to divulge their financial information to the other party. It could be the case of a young de facto partner with substantial assets. Or maybe it’s a couple who have been separated for many years and have […]

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Going to Court is stressful. It costs money, it costs time and it is emotionally devastating. We have just witnessed (and supported) a close friend, Jan, through the Family Court system as she tried to finalise a property settlement with her ex. It has cost her tens of thousands of dollars in legal fees, countless […]

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So, you have decided to be the captain of your own destiny and enter into a Financial Agreement. Financial Agreements are a great way to record how a couple wish to deal with their assets in the event the relationship comes to an end. In the past, these types of Agreements were only available to […]

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We look at the difference between  divorce and separation, and what you should do to legally terminate the relationship. If you are in a de facto relationship and separate then that is the final, legal separation (noting that you will have to formally separate your assets which we will discuss further). However, if you are […]

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A financial agreement is like any other contract and subject to the normal principles of Australian Contract law. Most contracts pose no problems – they are usually a simple interchange of cash for goods. But when contracts get more complicated they can, and do, go wrong. This is less likely to occur when the parties […]

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Hall v Hall and the meaning of ‘financial resource’ and spousal maintenance. Recently the High Court of Australia determined the case of Hall v Hall [2016] HCA 23 concerning a dispute over the payment of spousal maintenance. We will have a look at what a ‘financial resource’ is and whether no knowledge of that entitlement can […]

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