If you’re going through a separation, one of the biggest questions is often: what happens to money that’s spent before the property settlement is finalised?
For many years, the courts used a concept called “add backs” to deal with this issue. However, a recent decision of the Full Court in Shinohara v Shinohara [2025] FedCFamC1A 126 has changed the way the law approaches money spent after separation but before a property settlement is complete.
Read MoreDespite the passage of 12 years since the Stanford decision, a common misconception persists that the asset pool is automatically divided 50/50 following a relationship breakdown. There is no default position of equal division, and in some cases, the court finds that no adjustment is required at all.
Read MoreThe Federal Circuit and Family Court of Australia (FCFCOA) hears matters relating to family law disputes. While many people are familiar with judges as the primary decision-makers in courts, it’s important to understand the distinct roles that Registrars, Senior Registrars, and Judges play in the FCFCOA pathway. Each of these roles carries different powers and responsibilities, which are integral to the functioning of the court. Knowing the differences will ensure you understand what can be achieved at the different hearings through the course of your family law proceedings.
Read MoreHave you ever wondered if the way you’re being treated in your relationship is okay? Maybe you’ve dismissed red flags or told yourself it’s not that bad, that you can handle it. It can be hard to know where to turn when those doubts first arise.
That’s where 1800 RESPECT comes in. Even if you’re not sure if what you’re experiencing is family violence, they are a safe place to start the conversation.
Read MoreA family law consent order is a written agreement between parties that is approved by the Federal and Family Court of Australia (FCFCA), covering arrangements for children, property, and finances. It carries the same legal weight as a judge’s order but generally does not require court attendance by the parties.
Read MoreGoing through a separation can be a challenging and overwhelming journey. Consulting with a lawyer is a crucial step, and our team is here to guide you through the process. We aim to make your initial consultation as productive as possible by helping you understand your options, rights, obligations, and the steps ahead.
Read MoreThe passage of the Family Law Amendment Bill 2023 (Cth) on 19 October 2023 will result in significant changes to the Family Law Act 1975 (Cth), particularly concerning parenting matters. Effective from 6 May 2024, unless a Final Hearing is underway, the majority of these amendments will come into force.
Read MoreIn the aftermath of separation, communication breakdown often fuel conflicts between parents. While some parents excel at managing their communication, others stuggle. Valuable assistance can be found in applications that help keep interactions direct, focused, and, in some cases, legally documented for potential court use.
We’ve curated a list of five apps most commonly used which may alleviate some of the stress associated with co-parenting, and suggest you do your own further research.
Read MoreFinancial disclosure is a pivotal aspect of the process when a marriage or de facto relationship comes to an end. Each party must disclose their assets, income, expenses, and debt, and prove their financial contributions as this is the foundation for decisions related to property division, spousal maintenance and child support.
Read More
