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Are financial contributions seen as equal to those as homemaker in family law property disputes?

Tag Archives | Property Settlement

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Wife spends $137,421 of husbands superannuation payment without his knowledge

Court sets financial agreement aside where wife used funds which was husband’s “separate property” In Gregory [2014] FCCA 106 (24 January 2014, published June 2014) Judge Baumann considered whether a financial agreement should be set aside in the context of a wife who “without the knowledge or consent of the husband” obtained the husband’s superannuation […]

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Spousal maintenance

Interim spousal maintenance – Applicant wife working part-time and caring for two children – Respondent had capacity to pay, where he had redrawn loan facility and controlled a trust – Capital of a trust not “sacrosanct” and can be applied to meet a spousal maintenance order In Noble [2014] FCCA 421 (7 March 2014) Judge […]

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Cohabitation agreement under Property Law Act 1974 QLD not recognised

Property – Cohabitation agreement under Property Law Act 1974 (Qld) was not a recognised agreement or financial agreement – Nor a bar to consent orders n Kevin & Trembath [2012] FamCA 807 (11 September 2012) the parties sought property orders by consent under the Family Law Act 1975 in circumstances where they had entered into […]

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Husbands Inheritances represented almost half of large asset pool

Property – Husband’s inheritances represented 43.5% of $2.7m pool – Long marriage – Contributions assessed 70/30 in his favour – Adjusted for wife’s limited employment opportunities In Dinsmore [2012] FamCA 798 (18 September 2012) a 28 year marriage that included 4 years of pre-marital cohabitation produced two (now adult) children and net assets of $2.7 […]

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