Articles
Capital gains tax can materially affect a family law property settlement involving investment properties, shares, business interests or trust assets. A transfer under qualifying Consent Orders or a Binding Financial Agreement may receive relationship breakdown rollover, which generally defers or eliminates CGT. For this reason, separating couples should consider the after-tax value of their assets…
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Capital Gains Tax in Property Settlements: What Separating Couples Need to Know
Capital gains tax can materially affect a family law property settlement involving investment properties, shares, business interests or trust assets. A transfer under qualifying Consent Orders or a Binding Financial Agreement may receive relationship breakdown rollover, which generally defers or eliminates CGT. For this reason, separating couples should consider the after-tax value of their assets…
Interim Hearings in Family Law: What Happens and How to Prepare
An Interim Hearing in family law allows the Federal Circuit and Family Court of Australia to decide parenting or financial issues that cannot wait until a Final Hearing.
Family Loans in Property Settlement: When is a “Loan” not really a Loan?
In a family law property settlement, money advanced by parents or relatives will not automatically be treated as a loan or deducted from the asset pool. The Court will look at whether the debt is real, enforceable and likely to be repaid in practice.
Self-Managed Superannuation Funds and Separation: Key Risks in Family Law Matters
Self-managed superannuation funds (SMSFs) are often one of the more complex aspects of a property settlement in Family Law matters. The interaction between superannuation law, tax, trust structures and commercial realities means that a simplistic division is rarely appropriate and they require an experienced Family Lawyer and a strategic approach.
How are Employment Bonuses and Post Separation Income treated in a Family Law Property Division?
Bonuses and post separation income after your separation, but before your property settlement: what happens under s 79?
Structuring Parent–Child Loans for Real Recovery in Family Law Property Division
For advisers involved in structuring intergenerational funding arrangements, a recurring question is whether a parent–child “loan” will be recognised and recoverable if the child later becomes involved in a family law property dispute.
Family Trust Elections: Tax Utility, Risk and Family Law Implications
Recent ATO compliance activity has focused heavily on Family Trust Election breaches, including circumstances where distributions were made to entities assumed (incorrectly) to be within the family group.
Complex Property Settlements: Why the MCFP List Matters
The Major Complex Financial Proceedings (MCFP) List provides a specialised pathway within the Federal Circuit and Family Court of Australia for matters that require a higher level of expertise, case management and judicial oversight.
What Can I Do If My Ex Partner Is Hiding Assets?
If someone suspects their ex-partner is not disclosing or hiding something non-disclosure, there are legal steps that can be taken to protect that party’s interests and achieve a just and equitable settlement.
Certificate of Independent Legal Advice for your Binding Financial Agreement – The role of your Lawyer
A key requirement for a Binding Financial Agreement (also known as a “BFA”) to be enforceable is that each party must receive independent legal advice, which is formally confirmed through a signed statement (“Certificate of Independence”). But what does this mean in practice, and what exactly does a Lawyer do in this process?
Shinohara & Shinohara: What Accountants Need to Know About Addbacks After the 2024 Family Law Changes
More than ever before, after separation assets are at risk of disposal without recourse for the wronged spouse.
How to Minimise your Family Law Legal Fees
By implementing these strategies, you can significantly reduce your legal costs and achieve a more efficient and less stressful resolution of your Family Law matter.
