There are many legal strategies that can help to protect your child’s inheritance, some of which you can implement yourself, and others that you can recommend your child implement. It is especially important to consider risks to inheritances in blended families....
The Impact of Family Violence on Property Settlements in Australia
Property settlements can be stressful at the best of times however, where family violence has occurred during the relationship, dividing property can be exceptionally distressing. In Australia, domestic violence does affect property settlement in certain...
Division of Superannuation in Divorce: A Practical Guide
When it comes to the division of assets during a divorce, superannuation is often an overlooked resource. However, superannuation is considered property and forms a crucial part of the asset pool in property settlements. In some cases, superannuation may constitute a...
Updating Your Will: Estate Planning Tips, with Insights for High-Net-Worth Individuals
Life is ever-changing, and with it, so too should your Will and estate plans. For high-net-worth individuals, the stakes are even higher, as the complexity of assets and financial situations can significantly impact the effectiveness of an outdated Will. Regularly...
Avoid the Pitfalls: Why Informal Property Settlements after Divorce are a Bad Idea
“My former spouse and I have decided how we will divide our assets. Do we really need to see lawyers and have a formal agreement in place if we can agree on the property division ourselves?” This question is frequently asked by individuals at the early stages of...
Navigating Property Division After a High-Net-Worth Divorce
Generally, high net worth households are those which have an annual income exceeding $300,000 or a net worth over $5 million. Equitably dividing the assets that make up a matrimonial asset pool of such magnitude can be complicated and can take a long time. The...
Grey Divorce and Property Settlement
Grey divorce refers to a type of divorce where the couple ending their marriage are aged over 50. Although the divorce rate in Australia has declined, there has been an increase in divorce amongst the older generations. Psychologists have identified 3 common turning...
Who Gets the Dog? Understanding Pet Custody in Divorce and Separation
With almost 70% of households now owning a pet, relationship breakdowns often come with the added complication of navigating pet custody in divorce. There are currently no provisions in the Family Law Act 1975 (Cth) that specifically deal with pets. Pets are treated...
The Basics of Probate and Why it Matters
Probate refers to process by which an Executor named in a Will is given the legal right to deal with the assets and liabilities in the estate of a deceased person. A grant of Representation is the umbrella term referring to either Probate or letters of administration....
The Truth about DIY Wills in Australia: Risks and Considerations
A do-it-yourself or “DIY” Will kit might seem like a cost-effective way to ensure your assets will be divided and distributed according to your wishes when you pass away. Unfortunately, the DIY Will can have disastrous consequences and can cost more in the long run,...
The Concept of Mutual Wills for Couples and the case of Re Miglic [2024] VSC 20
What are Mutual Wills? Mutual Wills are Wills made by spouses together with an agreement that neither party can revoke or amend their Will after the other party’s death. Mutual Wills are legally binding and if one spouse changes their Will after the other spouse dies,...
Understanding Surrogacy Laws in Australia: A Guide for Intended Parents
Surrogacy refers to the arrangement in which a surrogate agrees to carry and give birth to a child for another person or couple. Surrogacy is commonly sought by couples that cannot carry their own child. Yearly, there are approximately 100 surrogacy births occurring...