22.02.24
Family law disputes are emotionally taxing for couples going through the separation process. Some may take to social media to share details and update their friends and family on their separation. However, with the introduction of s114P in the Family Law Act on May 1, 2024, this can become a criminal offence. In this article, Matthew Shepherd, Special Counsel at Ramsden Family Law, discusses the risks of social media in family law cases and offers alternative approaches. Read More.
17.08.23
As relationships evolve, asset division can become intricate, particularly when superannuation enters the picture. This element holds significant weight within family law property arrangements, subject to 'superannuation splitting.' Converting it into cash requires meeting specific eligibility criteria, frequently linked to retirement age or challenging circumstances. Adding to the complexity, self-managed superannuation funds (SMSFs) further complicate matters. In this article, we provide expert guidance through the realm of superannuation splitting, ensuring equity within the intricate landscape of family law. Read More.
08.06.23
Cryptocurrencies are a new form of digital asset that exists on the blockchain. It is stored using wallets using a unique address for each wallet. Cryptocurrency is considered property in relation to the Family Law Act. It must be disclosed as part of a party’s obligations to provide full and frank financial disclosure. Non-disclosure may lead to adverse inferences or potentially form the basis for setting aside Orders due to non-disclosure. Read More.
29.05.23
When love takes a detour into separation, navigating the intricate labyrinth of legalities, particularly regarding the former matrimonial home, is a daunting task. Despite the emotional turmoil, the question of 'Who gets to stay in the house?' rears its head, catapulting this issue to the forefront of separation disputes. This article unravels the complexities surrounding the concept of sole occupancy of the former matrimonial home, diving deep into key legal provisions under the Family Law Act 1975. We will explore the factors the court weighs in while deciding on occupancy and scrutinise the profound implications of these legal rulings. Read More.
05.05.23
Couples in marriages or de facto relationships are often hopeful that their relationship will last forever. However, relationships don't always go as planned, and separation or divorce can be the result. This can lead to disputes over property settlements and financial arrangements. To prevent such issues from arising, a Binding Financial Agreement (BFA) can be established. This article will delve into what a BFA entails and how it differs from prenuptial and postnuptial agreements. Additionally, we'll explore why it can be challenging to nullify a BFA and offer guidance on creating a binding and enforceable agreement. Read More.
08.03.23
New South Wales has been the forepart of LGBT rights in Australia, with significant progress made over recent years in recognising and protecting the rights of LGBT families. This progress has been driven by the tireless efforts of various advocacy groups and individuals who have lobbied for legislative reforms to ensure equality and fairness for all. However, despite this progress, the LGBT community in NSW still faces discrimination and inequality in various forms. Read More.
16.02.23
Australia announces that they are changing family and domestic violence leave from unpaid to paid leave. So, what does this mean for people who have endured domestic violence and their employment moving forward? Ramsden Lawyers, Family Law Special Counsel Daniel Rod discusses this in their latest article. Find out more. Read More.
14.11.22
After sharing a life together, it can be difficult to decide how to divide property between parties to a marriage or in a de-facto relationship, therefore making it uncommon to fall into a dispute about dividing the property accumulated during the relationship. Read More.
03.11.22
Dealing with Family Law matters may mean having to deal with more than one form proceedings. Generally, parties to a Family Law proceeding are compelled to disclose documents and information through either court rules or specific court orders (discovery or subpoenas) throughout the matter to the other party and or third parties. Read More.