Latest news with #FamilyLawAct1975
Yahoo
6 days ago
- Business
- Yahoo
Bank of Mum and Dad warning over common mortgage issue: 'Seek legal advice immediately'
Welcome to legal column where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, money matters impacting relationships or work. This week, a father's concerned about a financial leg up he gave his son to get on the property ladder. Question My son built a house on land we gave him funds to buy. When it was completed, he and his girlfriend moved in. They have lived in the house together now for several years. If their relationship broke down would she be entitled to any settlement from the property? She contributes with the usual living expenses while he pays his mortgage. Could our gift contribution be included in a settlement payout if there was one? Answer Navigating property settlements following the breakdown of a relationship can be a complex and emotionally charged process. Hopefully, your son never needs to tackle this. RELATED Generational shift in Bank of Mum and Dad leaves Aussie parents $74,040 out-of-pocket: 'Very concerned' Little-known Centrelink benefit gets Aussie single mum $800 cash boost: 'Done in 10 minutes' $3 million superannuation tax change sparks property warning as 'panic' selling begins In Australia, de facto couples have similar rights and obligations as married couples when it comes to property settlement. According to the Family Law Act 1975, a de facto relationship is defined as a relationship between two people who are not married to each other but live together on a genuine domestic basis. Given that your son and his girlfriend have lived together for over four years, their relationship would likely be considered de facto under Australian law. If their relationship breaks down, either party can apply for a property settlement. The court will consider various factors to determine the division of property, including the duration of the relationship, the financial and non-financial contributions made by each party, the future needs of each party, and the care and support of any children from the relationship. A precise formula isn't applied (or a 50/50 split), it depends on the circumstances of the case. In your son's case, his girlfriend's contributions to the usual living expenses and the fact that they have lived together for over four years would be taken into account. If her financial contributions were intended to be rent and there is documentation to support this, then it could influence the property settlement. However, in most de facto relationships, contributions towards living expenses are viewed as part of the couple's shared financial responsibilities rather than a formal rental non-financial contributions she has made to the property would also be considered. For example, perhaps she assisted with painting the home or performed homemaking duties. Your son's contributions would also be considered, including the mortgage repayments and initial purchase costs. The court would assess both parties' contributions and may determine that his girlfriend is entitled to a portion of the property. If the value of the property has increased since it was built, that too is likely relevant when assessing her entitlement. Your financial contribution to the purchase of the land and the construction of the house could be considered in a property settlement. The court would look at the source of the funds and the intention behind the gift. If it was intended as a gift to your son alone, this could be argued. If you have clear documentation of the gift and any agreements made at the time of the contribution it may influence the court's decision in a property settlement. Without this, it may be difficult. The best option in this situation is for your son to immediately seek legal advice and explore a binding financial agreement. Properly drafted, this is a legally enforceable agreement between your son and his girlfriend that can be made at any time during a relationship. It outlines in significant detail how property and assets will be divided in the event of a relationship breakdown and also deals with things like spousal maintenance. The financial contribution you made to the property can also be provisioned for in the agreement. This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a while retrieving data Sign in to access your portfolio Error while retrieving data
Herald Sun
15-05-2025
- General
- Herald Sun
Australian law changes to affect pets, property and finances
Don't miss out on the headlines from News. Followed categories will be added to My News. Pet and property owners watch out – Australia's family law is changing how separation disputes will be resolved. Coming into effect next month, these key changes will affect how our pets, property and financial matters are resolved for former couples. Former couples applying for family court applications need to consider the new changes coming into effect next month. Picture: NewsWire / John Appleyard So what's changing for our pets? Separating couples sharing pets should usually make arrangements for what happens to their prized pooches and furballs without going to court. However, those that cannot agree on arrangements can apply to the family law courts to make orders, with a specific list considered by the system. This takes into account: any animal abuse, including threatening behaviour as a form of family violence the attachment of each party, or children, to the family pets However, there are limits and courts cannot make orders for joint ownership or shared possession of pets. My relationship ended — what happens to our shared property and finances? Usually, couples splitting ways should strive to make arrangements related to their shared property and finances, sometimes using dispute resolution outside of courts. But couples struggling to reach an agreement can apply to family law courts to determine a property settlement. Changes affecting Family Law Act 1975 include: how the courts will determine a property settlement what the courts will consider when determining a property settlement. This includes the economic effect of any family violence, where relevant This would apply to all separating couples – whether a property settlement has been determined by family law courts or has been negotiated outside of court. Key areas that courts will consider: identify all property and liabilities (debts) of the parties assess each party's contributions to the property pool and to the family's welfare assess each party's current and future circumstances. The family law courts will consider matters such as each party's age and state of health and the care and housing needs of any children only make orders that are, in all of the circumstances, just and equitable Family violence The Family Law Act defines family violence as 'violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful'. Key amendments include: the economic effect of family violence, where relevant, when making decisions about property and finances after separation. economic or financial abuse may constitute family violence – including if a person has controlled all of the finances or spending. What's staying the same? Family law courts cannot sentence someone for engaging in family violence conduct. Prosecutions for family violence offences are made in state and territory criminal courts. Compensation for harm caused by family violence Compensation may be available under a victims of crime compensation scheme or under an order from a state or territory civil court. Family violence orders to protect someone from family violence or altering existing orders made by state or territory courts to protect someone from family violence. Again, orders for protection against family violence are made or amended by state or territory courts. Family violence will be a determining factor by courts in property and financial settlements. Picture: NewsWire / Naomi Jellicoe Duty of financial disclosure — what changes? Couples separating have a duty to provide all relevant financial information and documents to each other and the court. From next month, this duty will be governed by the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This applies to all disputes concerning finances and property after a break-up and is treated as an ongoing duty. If failure to do so, consequences can affect separating couples such as: take noncompliance into account in a property settlement impose sanctions, such as costs orders punish a party for contempt of court with a fine or imprisonment, or defer or dismiss all or part of the proceedings. What stays the same? Existing financial or property orders remain unchanged and people with existing orders should continue to follow those orders. While the changes will apply to all new and existing proceedings, there is an exception where a final hearing has already begun. The new law applies to all matters (unless a final hearing has begun), even if an application was filed before June 10, 2025. People who are already in court and do not have a lawyer can seek legal advice on how the changes may impact them. Child support is generally dealt with separately to a family law property settlement. The changes to family law will come into effect from June 10, 2025. A fact sheet detailing the changes can be found here. Originally published as Australian law changes to affect pets, property and finances
West Australian
15-05-2025
- Business
- West Australian
Australian law changes to affect pets, property and finances
Pet and property owners watch out – Australia's family law is changing how separation disputes will be resolved. Coming into effect next month, these key changes will affect how our pets, property and financial matters are resolved for former couples. Separating couples sharing pets should usually make arrangements for what happens to their prized pooches and furballs without going to court. However, those that cannot agree on arrangements can apply to the family law courts to make orders, with a specific list considered by the system. This takes into account: However, there are limits and courts cannot make orders for joint ownership or shared possession of pets. Usually, couples splitting ways should strive to make arrangements related to their shared property and finances, sometimes using dispute resolution outside of courts. But couples struggling to reach an agreement can apply to family law courts to determine a property settlement. Changes affecting Family Law Act 1975 include: This would apply to all separating couples – whether a property settlement has been determined by family law courts or has been negotiated outside of court. Key areas that courts will consider: The Family Law Act defines family violence as 'violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful'. Key amendments include: What's staying the same? Couples separating have a duty to provide all relevant financial information and documents to each other and the court. From next month, this duty will be governed by the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This applies to all disputes concerning finances and property after a break-up and is treated as an ongoing duty. If failure to do so, consequences can affect separating couples such as: What stays the same? The changes to family law will come into effect from June 10, 2025. A fact sheet detailing the changes can be found here .
Perth Now
15-05-2025
- Business
- Perth Now
Major law changes for pet owners
Pet and property owners watch out – Australia's family law is changing how separation disputes will be resolved. Coming into effect next month, these key changes will affect how our pets, property and financial matters are resolved for former couples. Former couples applying for family court applications need to consider the new changes coming into effect next month. NewsWire / John Appleyard Credit: News Corp Australia Separating couples sharing pets should usually make arrangements for what happens to their prized pooches and furballs without going to court. However, those that cannot agree on arrangements can apply to the family law courts to make orders, with a specific list considered by the system. This takes into account: any animal abuse, including threatening behaviour as a form of family violence the attachment of each party, or children, to the family pets However, there are limits and courts cannot make orders for joint ownership or shared possession of pets. Usually, couples splitting ways should strive to make arrangements related to their shared property and finances, sometimes using dispute resolution outside of courts. But couples struggling to reach an agreement can apply to family law courts to determine a property settlement. Changes affecting Family Law Act 1975 include: how the courts will determine a property settlement what the courts will consider when determining a property settlement. This includes the economic effect of any family violence, where relevant This would apply to all separating couples – whether a property settlement has been determined by family law courts or has been negotiated outside of court. Key areas that courts will consider: identify all property and liabilities (debts) of the parties assess each party's contributions to the property pool and to the family's welfare assess each party's current and future circumstances. The family law courts will consider matters such as each party's age and state of health and the care and housing needs of any children only make orders that are, in all of the circumstances, just and equitable The Family Law Act defines family violence as 'violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful'. Key amendments include: the economic effect of family violence, where relevant, when making decisions about property and finances after separation. economic or financial abuse may constitute family violence – including if a person has controlled all of the finances or spending. What's staying the same? Family law courts cannot sentence someone for engaging in family violence conduct. Compensation for harm caused by family violence Family violence orders to protect someone from family violence or altering existing orders made by state or territory courts to protect someone from family violence. Family violence will be a determining factor by courts in property and financial settlements. NewsWire / Naomi Jellicoe Credit: News Corp Australia Couples separating have a duty to provide all relevant financial information and documents to each other and the court. From next month, this duty will be governed by the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This applies to all disputes concerning finances and property after a break-up and is treated as an ongoing duty. If failure to do so, consequences can affect separating couples such as: take noncompliance into account in a property settlement impose sanctions, such as costs orders punish a party for contempt of court with a fine or imprisonment, or defer or dismiss all or part of the proceedings. What stays the same? Existing financial or property orders remain unchanged and people with existing orders should continue to follow those orders. While the changes will apply to all new and existing proceedings, there is an exception where a final hearing has already begun. The changes to family law will come into effect from June 10, 2025. A fact sheet detailing the changes can be found here.
