| - The risks of delaying de facto and matrimonial settlements |
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| The grief, anger and confusion which almost inevitably surround the end of a relationship, make it understandable that many people defer facing the legalities of a separation. However there are risks in delaying matrimonial and de facto settlements:
1. Loss of rights
People coming out of a de facto relationship have a limit of 2 years... |
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| - Recent Decision of Family Court |
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The Family Court recently exercised its power to set aside a previous transaction in the case of Wotton & Wotton [2010] FamCA 194. The husband had previously transferred £100,000 to his half-sister on the same day as he separated from his wife. The husband claimed to have gifted the funds to his half-sister on the grounds she was in ‘financial... |
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| - Recent Decision of Family Court |
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| The Family Court has given a timely reminder of its duty to protect tax revenue, in the recent decision of Kruger & Zaio [2009] FamCA 1218. Justice Mushin adjourned the property trial out of concern that the litigant husband and wife had failed to file tax returns for a number of years, and discrepancies between the information declared in the tax returns which had been lodged and the sworn... |
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| - Recent Cases: Adult Child Maintenance |
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| Case Note: Re AM [2006] FamCA 351
Adult Child Maintenance
The case of Re AM [2006] FamCA 351 concerned an application by a 28 year old woman for adult child maintenance. The Applicant sought that her father, the first respondent, pay period and lump sum maintenance pursuant to s 66L(1)(b) of the Family Law Act 1975.
Facts
The facts of the matter were as follows:
• Father... |
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| - Spouse maintenance |
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| Spouse maintenance – money paid by a person to a former partner.
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