Bankruptcy and family law proceedings

Published in Company News by on 27 Oct

Dividing property after partners separate is generally stressful, with each party concerned about his or her financial future. The bankruptcy of one party adds a further dimension of complexity to a family law property settlement. Even partners whose relationship is intact should seek urgent legal advice if one of them is facing bankruptcy or insolvency issues. This article provides an overview of bankruptcy laws, how property is usually divided after a relationship breaks down, and how the processes interact when one of the parties to a property settlement is bankrupt. Bankruptcy and family law are complex areas and the information in this article is general only. Parties should obtain legal advice relevant to their individual circumstances.

Avoid nasty taxation surprises in family law settlements

Published in Company News by on 27 Oct

There are significant differences in the tax consequences of certain family law related actions particularly when negotiating property settlement outcomes. Unique opportunities in the family law environment can enable a couple to lawfully restructure wealth while avoiding, or minimising, the hefty tax and revenue consequences. Conversely, concluding a family law property settlement only to discover adverse and unintended tax consequences is the last thing anyone wants. Naturally this area is very complex and each person needs to seek their own advice to ascertain their own tax implications from an experienced family law expert.

Things to consider when partners separate

Published in Company News by on 26 Aug

Do you have a friend or relative who has just separated?  If so, the information below should help. What is meant by separation? Separation in Family Law refers to an irretrievable breakdown of a marriage or irreconcilable breakdown of a de facto relationship (which also includes same sex couples). There is no need or ability to register a separation under Australian Family Law. Separation is a fact which must be proven if it is disputed by the other party at a later time.

International relocation and child abduction

Published in Company News by on 26 Aug

After separation, a parent or guardian may decide to move the children of the relationship overseas. However, this should be done with the fully informed consent of the other parent, guardian or a court order. An allegation of international child abduction can come about when a parent or guardian takes their children from their home country without this permission.

Top tips for reducing legal fees in your family law matter

Published in Company News by on 17 May

Family law proceedings can become very stressful. The last thing you should be worrying about is exorbitant legal fees. However, your family law fees do not necessarily have to become a burden. We have provided our top 10 tips on ways in which you can keep your legal fees reasonable. Although family law proceedings can at times be costly, ensuring you get proper legal advice is very beneficial and can help reduce stress by providing you with an understanding of your rights and what’s involved in family law proceedings. In our experience, having a family lawyer represent you in family law proceedings can help you receive a more favourable outcome compared to parties who represent themselves.

Divorce, de factos and superannuation splitting

Published in Company News by on 17 May

Once a couple is separated, their superannuation (Super) is treated as property under the Family Law Act 1975 (Cth) (FLA) and the value of the couples’ Super benefits will be taken into account when determining a property settlement. Super differs from other types of property because there are rules that govern when a party is able to access their Super. Laws regarding Super splitting apply to both married and de facto couples equally, except in Western Australia (WA). Super splitting can be a complex area of law and you should ensure you know exactly where you stand regarding Super entitlements after separation or divorce.

Personal protection orders – what options do you have?

Published in Company News by on 17 May

Relationship difficulties and breakdowns are a sad reality of modern life. Difficulties can arise in any relationship - with your spouse or partner, your ex, children, colleague, even your flatmate. Tragically, relationship breakdowns can sometimes involve actual or threatened violence. At such times, some people “lose their cool”, while others routinely use intimidation or violence to control another person. Occasionally, one person thinks they may gain an advantage by untruthfully alleging violence by another person. If you find yourself in such a situation, can you get help? Maybe someone claims you have been violent towards them and has sought a restraining order against you. What do you need to do?

Bankruptcy and family law proceedings

Published in Company News by on 02 Mar

Dividing property after partners separate is generally stressful, with each party concerned about his or her financial future. The bankruptcy of one party adds a further dimension of complexity to a property settlement. <a href="https://klimekwijayfamilylawyers.com">Klimek & Wijay Family Lawyers</a> can assist you with your property settlement.