Inheritance can be a sensitive and complex issue in divorce proceedings, often raising questions about whether it constitutes part of the asset pool subject to division. Understanding how inheritance is treated under family law is crucial for individuals navigating divorce or separation. Legal Principles Governing Inheritance In many jurisdictions, including Australia, inheritance is generally treated…
Will I have to pay Spousal Maintenance? As with most things in family law, the answer is … it depends Spousal maintenance in Western Australia is governed by Section 72 of the Family Law Act 1975 (section 205ZC of the Family Court Act 1997 for De facto couples). The Key factors that are taken into…
My Ex Has a New Partner – Are Their Assets Included in Divorce Settlements? Discovering that your ex-spouse has a new partner can raise questions about how their assets might impact divorce settlements. Understanding the legal implications of a new relationship on financial matters is essential for anyone navigating divorce or separation. Legal Principles on…
Mum and Dad Lent Us Money – Is the Loan Repayable During Divorce? When family members, such as parents, lend money to a married couple or individuals in a de facto relationship, the question of repayment during divorce or separation can complicate an already stressful situation. Understanding the legal implications of family loans in divorce…
Protecting your assets is a vital consideration, especially during life events such as marriage, cohabitation, or business ventures. Whether you’re planning for the future or navigating potential risks, implementing strategies to safeguard your financial well-being is essential. Here are key steps to consider: Pre-nuptial and Post-nuptial Agreements Pre-nuptial agreements (entered into before marriage) and post-nuptial…
A Binding Child Support Agreement (BCSA) is a legal arrangement between parents or caregivers that outlines financial support for children following separation or divorce. This agreement provides certainty and clarity regarding child support obligations, offering benefits for both parties involved. Key Features of a Binding Child Support Agreement Legally Binding: A BCSA is a formal…
Consent Orders When parties in a marriage or de facto relationship reach an agreement concerning children or property settlement, filing an Application for Consent Orders offers a streamlined path for approval by the Family Court. This avoids the need for prolonged court proceedings. At Ahern Sierakowski, we provide comprehensive assistance throughout this process. From negotiation…
