The family business and property settlements – the importance of valuations

Published in Company News by on 14 Aug

Separating couples involved in a family law property settlement are often under emotional and financial pressure. When one or both parties are involved in a business, this can add additional stress and complexity to the division of property. A business interest, whether held individually or jointly, through a partnership, company or trust, forms part of the asset pool and must be accounted for when dividing property. A formal valuation for the business can help provide clarity and assist the parties to negotiate a financial settlement.

We’re still friends, why do we need a ‘legal’ property settlement?

Published in Company News by on 14 Aug

Many couples separate on amicable terms or may put aside their differences sufficiently enough to resolve matters between them pragmatically.  They may then choose to make informal arrangements regarding the division of their property.  However, the failure to legally document a property settlement is almost always unwise for many reasons, not least of which is that either party remain open to pursue an outcome through the Family Court.

Can I secretly record my spouse?

Published in Company News by on 25 Oct

We’ve all had times when we can’t recall a conversation someone else swears we had. Often, one person in a relationship is more adamant about their memory than the other person. Usually, those mini-disputes are minor blips in an intact relationship. But what if it’s no longer an intact relationship? What if the “he said/ she said” dispute becomes part of family law proceedings?

What to expect when you attend compulsory Family Dispute Resolution

Published in Company News by on 06 Sep

Separating couples should make reasonable attempts to agree on the future living arrangements, care and responsibility for their children. Family law legislation provides that dispute resolution is compulsory, save where extenuating circumstances exist, before parenting orders can be made. Accordingly, unless exempt, parties wishing to proceed to the Family Court for parenting orders must first provide a certificate (ordinarily issued after unsuccessful dispute resolution) stating that they have attempted dispute resolution. This is required even if there are existing orders with respect to a child for which amended or additional orders are sought.