Divorce and separation are a matter of Federal law, however, death falls under state law, so when a partner dies, the family law courts do not have the jurisdiction for a property settlement. The general rule established in Sims v Sims, is that a property settlement...
A family law property settlement is the division of property at the end of a marriage or de facto relationship. Under the Family Law Act, if parties cannot agree on a division of property themselves, an application for a court ordered property settlement must be...
