How is Superannuation dealt with in a Family Law property division?

Is Superannuation included as ‘property’ in a Family Law property division? After separation, it is generally necessary for property entitlements to be formally adjusted between the parties in accordance with each party’s entitlements under the Family Law Act 1975. Sometimes it may be appropriate to divide the matrimonial property pool on a 50/50 basis between … Read more

Specific Family Law Issues for Military personnel when facing a relationship breakdown

At Delaney Roberts Family Lawyers, we take particular pride in assisting our Defence Force community. Our office is located 500 metres from Bullecourt Barracks at Adamstown so over the past 12 years of operations we have helped numerous Defence Force personnel and their families.  The unique nature of employment in the military sometimes means that … Read more

The importance of a business valuation in a Family Law property division

Around 70% of Australia’s 2.1 million businesses are family owned.  This means that family businesses are commonly involved in a property division dispute when a couple separates.  Very often, both parties have worked hard and endured sacrifice to help the family business along.  When a marriage or de facto relationship breaks down, the family business … Read more

Can I make my husband/wife leave the family home now that we’re separated?

This is a very common question asked by parties following a separation.  It can be incredibly unpleasant to have to continue to live with an ex-partner until financial settlement is achieved.  Unfortunately, it is also incredibly difficult to force an ex-partner to leave the family home. The court is of the opinion that it is … Read more

What should I do if I am thinking of separating?

Make a note of the date of separation even if you and your partner remained living under the same roof following separation. Both you and your partner will be required to make full and frank financial disclosure as part of any property settlement proceedings. Start a folder and collect you and your former partner’s recent … Read more