Author: Matthew Carney

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New Superannuation powers for parties in Family Law Property Proceedings 

When a party seeks Orders to divide the assets and liabilities of the relationship following their separation, they can also seek Orders regarding superannuation. Superannuation splitting Orders do not convert superannuation into a cash asset however each party’s superannuation interest can be adjusted by splitting (transferring) the superannuation entitlements held.  To enable greater transparency of […]
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Is there a requirement to disclose your new partner’s assets during a property settlement with your former partner?

In family law property settlement proceedings, each party has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the case, in a timely manner.   The Family Law Act at section 75(2)(m) also requires the court to take into consideration if either party […]
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What is a Financial Agreement before marriage (Pre-Nuptial Agreements) and can they be overturned?

Family lawyers are often asked if pre-nuptial agreements (a financial agreement) are binding. The short answer is, yes, they are, if drafted correctly. However, financial agreements can also be overturned if certain criteria are not met. What is a financial agreement before marriage? The Family Law Act allows couples who are considering getting married to […]
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