Increasingly, actual or would-be litigants in the family court are choosing to record conversations as a means of collecting evidence against the other person. As smartphones are small and easily hidden, these recordings are occurring secretly, without one party knowing what is happening. What litigants in Western Australia don't always realise is that, in recording one another, they could potentially be committing a crime.
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Sexually transmitted debt is when you become liable for your partner’s debt as a result of the breakdown of your marriage or de-facto relationship, rather than a conscious knowledge or acceptance of the debt.
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For separated families, the festive season is often a hard time because it changes an occasion that brought their family together to an occasion which highlights that the family is now apart.
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Family lawyers are often asked about the share of property a party will be entitled to at the end of a short relationship, especially where one party has substantial assets at the start and makes overwhelming financial contributions.
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We often have clients who attend their first appointment concerned about what it means to have instructed a divorce lawyer. It is a common misconception amongst people that when you instruct a divorce lawyer you have reached a point of no return and it is now “game on”.
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The recent large prize pools offered in Australian Saturday Lotto ($30 million), OZ Lotto ($40 million) and Powerball ($35 million) bring into question how the Family Court deals with Lotto wins in property proceedings.
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Earlier this week, the High Court handed down its decision in the matter of Thorne & Kennedy [2017] HCA 49. This case was an appeal from a decision of the Full Court of the Family Court of Australia regarding the enforce-ability of pre-nuptial and post nuptial agreements in certain circumstances.
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news.com.au recently reported in the financial section of their website an article on 'How to reduce the financial pain of a relationship breakdown'. Quoting from The Australian Securities and Investments Commission’s MoneySmart financial guidance service, they state the first steps in a separation should include closing joint bank accounts, keeping record of key dates, assets and debts, updating other financial commitments such as rental agreements and utility bills, and seeking legal advice.
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AMP released an income and wealth report in December 2016 titled “For Richer, Divorce For Poorer” outlining the financial impact of divorce on home ownership and a separated individual’s financial position after separation.
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The Australian Bureau of Statistics have just released the divorce statistics for Australia in 2015. Last year 48,517 divorces were granted in Australia, which was an increase of 4.3% (2019) from 2014 (when 46,498 divorces granted).
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