Blog

Dividing property between you and your ex-partner can be a difficult task for many reasons. One of the common questions is how contributions made after separation are treated in family law property settlements. Contributions after separation could be home loan repayments for a jointly owned property or a gift or...

We all know someone who has been through a divorce, many of us have experienced it ourselves. Divorce is an incredibly challenging period and comes with strong emotions, grief and loss, confusion, fear, worry, never ending questions and, often, conflict with the ex-partner. This is further complicated if the separating...

Are trust assets up for grabs when it comes to family law property settlements? It has long been established that the answer to this question depends on the facts and circumstances of each case. The outcome of a leading High Court case in 2008 (Kennon v Spry [2008] HCA 56)...

When relationships break down, dividing assets can be complex – for high net worth individuals, the complexity can multiply. What makes a family law case “high net worth”? In Australia, a high net worth individual is generally someone who has at least $1 million in net investible assets, excluding their...

Yesterday, 28 May, was LGBTQ+ Domestic Violence Awareness Day, a national day to shed light on abuse in LGBTQ+ relationships and call for greater visibility, understanding, and support for LGBTQ+ victim-survivors. At FGD, this day is deeply personal. One of our partners, Daniel Magnussen, serves as the ACT Coordinator for...

The proposed change to a child's name is a common issue for separated parents and can become highly contested in some cases. There are several considerations taken into account by parents and the Federal Circuit and Family Court of Australia ("the Court") when determining whether to change a child's name.

Autumn is a time of change, shedding the old for the new. For newly separated families, the symbolism is apt. By Autumn, newly separated couples have navigated through the Summer holidays and Christmas season, and started back at work. For the first time, they have had to figure out how...

It is not uncommon for parents to want to take their children on holidays overseas. Obviously, such holidays provide an opportunity for a child to be exposed to a different culture and a different way of life but most importantly, an opportunity to spend quality time together and have fun! During a relationship, arranging overseas travel is generally an exciting and uncomplicated issue. However, when parents have separated it can become extremely complicated and stressful.

Family Law property orders can attract exemptions from stamp duty, Capital Gains Tax (CGT), and other taxes and duties, provided they are carefully drafted, satisfy the relevant taxation laws, and importantly, are strictly complied with. Failing to comply with the precise terms of the Family Law orders can result in...

Recently I saw numerous headlines pop up in my news feed about a new parenting case. Some headlines included "Birth mum loses to Sperm donor in landmark custody case", and "Sperm donor wins custody of child over birth mother in landmark case".

Binding Financial Agreements (colloquially known as “pre-nups”) have historically been used by older people who are entering into second or subsequent relationships and want to protect their wealth. They are becoming increasingly more common among younger people- particularly where one or both parties to a relationship have been gifted or...

In Australia, Binding Financial Agreements (BFAs), colloquially known as prenups, are becoming more common, particularly for people who are in a second de facto relationship or marriage and those receiving gifts from their parents to purchase a first home. Couples are far more likely to see eye-to-eye at the start...