It has been one year since Hannah Clarke and her three young children, Aaliyah, 6, Laianah, 4 and Trey, 3, were murdered by their estranged husband and father on a residential Brisbane street. To the outside world, Rowan Baxter was a loving and attentive father, who despite being separated from his wife, was a devoted …
Spousal maintenance is the provision of financial support of one spouse by the other following the breakdown of a marriage or de facto relationship. A more familiar term for spousal maintenance is “alimony”, which is used readily in the United States of America. Spousal maintenance differs from child support and adult child maintenance, which specifically …
What is Capital Gains Tax (CGT)? Capital Gains Tax (CGT) is a tax paid when an asset is sold, disposed of, or transferred. Assets attracting CGT include investment properties, shares or collectables. The ‘capital gain’ is the difference between the price that the asset was originally acquired for and the amount for which it was …
If a parenting application has been made in the Federal Circuit and Family Court of Australia and parties are not able to agree to suitable care arrangements for the children or to determine a specific issue such as a choice of school for a child, the Court may order that a Family Report is prepared …
The breakdown of a relationship has a significant effect on all members of the family. A point of significant contention involves the care of pets. With approximately 61% of Australians owning at least one pet, the dispute between parties for pet ownership can be a significant issue given the strong emotional attachment and affection towards …
When parties separate, the first step in determining the division of property is to work out the pool that is to be divided. Real estate, motor vehicles, bank accounts and investments such as share portfolios and superannuation and other assets of value comprise examples of property that may be included in the asset pool. Liabilities …
The Federal Circuit and Family Court of Australia has the power to determine the distribution of assets and liabilities between parties in a manner which is just and equitable. The Court will exercise its discretion in family law disputes with a particular focus on the parties’ financial and non-financial contributions (including in their capacity as …
When parties separate, it is not uncommon for a party to have little knowledge about the other party’s individual financial affairs or even the joint finances of the parties. This may arise where one party was responsible for administering the parties’ finances during the course of the relationship. Financial disclosure enables parties to identify the …
Binding Child Support Agreements are written agreements between parents or carers which cover child support arrangements. They were implemented to allow parents flexibility to make different arrangements concerning the payment of child support and other child-related costs whilst still providing a high level of certainty for the payee and payer parents. The purpose of child …
The Family Law Act 1975 (“the Act”) permits parties to a marriage or a de facto relationship to enter into a Financial Agreement to deal with financial matters and the division of property in the event of a marital or relationship breakdown. By entering into a Financial Agreement, parties “opt out” of the Court’s jurisdiction …
