The Priority Property Pools under $550,000 List (PPP550 List) is a cost-effective solution provided by the Federal Circuit and Family Court of Australia for property disputes involving assets under $550,000 (excluding superannuation). This program simplifies the legal process by requiring only an Initiating Application and a PPP550 Financial Summary document for filing, reduces costs, and promotes efficient resolution. Parties receive court-issued Orders to exchange financial information and engage in dispute resolution without immediate courtroom appearances. If disputes persist, court-funded mediation and expedited proceedings ensure timely progress. However, cases with certain characteristics, such as entities requiring valuations or those seeking parenting or enforcement Orders, may not qualify.
Mediation is a form of alternative dispute resolution which practitioners and parties utilise with the aim to resolving a dispute without the need to incur the costs, stress and time delay associated with bringing a Court application. The mediation process has been so effective in assisting parties to resolve disputes, that the Federal Circuit and
If you have been married for less than 2 years when you file your Application for Divorce, you need to address one of the following options: 1. Attend counselling with a family counsellor: In this step, you and your spouse will meet with a family counsellor to discuss the possibility of reconciling your relationship. After
Is superannuation included in a property pool? This is a common question in family law. The answer is yes. Superannuation is recognized as property under the Family Law Act 1975, which means it needs to be valued and included in the property pool for division. In some cases, parties may retain their individual superannuation interests. But when there are significant discrepancies in superannuation value, the party with a higher balance may need to give some of their superannuation to the other party via a ‘superannuation split.’ Get tailored legal advice to determine if a superannuation split is necessary for your individual matter.
This article discusses the weight given to the initial contributions made by one party in a relationship with vastly different net worths. The court considers several factors, including the class of assets, whether they have increased in value, and the length of the relationship. The erosion principle and springboard principle are also discussed. Additionally, the article analyzes the Full Court of the Family Court decision of Jabour and how it affects the assessment of initial contributions. Seeking professional advice is important as the weight given to an initial contribution may vary depending on the circumstances.
If you and your former-spouse or de facto partner have reached a property settlement agreement after separation, it is crucial to document it formally to avoid future disputes. Two formal ways to document a property agreement recognized by the Family Law Act are Consent Orders and Financial Agreements. Consent Orders are Court Orders that require both parties’ consent and approval by the court, whereas Financial Agreements are private agreements between parties. While Consent Orders must be considered just and equitable and require a $180 filing fee, Financial Agreements do not need court approval but require both parties to obtain independent legal advice. Financial Agreements can also extinguish future claims for spousal maintenance. If you need help formalizing a property settlement agreement, Honan Family Law can offer a fixed fee initial consultation to discuss your options.
If you child was born in Queensland, you can change your child’s name by applying to the Queensland Registry of Births, Deaths and Marriages. A child’s surname can be changed as often as once every 12 months however a child’s first name can only be changed once before their first birthday and once between the
All parties to a family law proceeding have a duty to make full and frank disclosure to the other party or parties in that proceeding. This applies to both parenting and property proceedings and means that you must hand over (disclose) to the other party any and all documents which are in your power, possession
Generally, a court will determine the asset pool of the parties at the date of a trial. However, the court may treat a potential bonus differently as it did in the following case: Following separation, the husband had commenced working in Dubai and was receiving a significant salary package in excess of $400,000 per annum.
In January 2023, the Australian Government released a draft Bill, the Family Law Amendment Bill 2023, which proposes amendments to the existing family law system. In short, these amendments aim to: What is changing?