Ex is selling assets

When it comes to a property settlement, one of the first steps is to determine the parties property pool. Determining the property pool involves assessing the assets and liabilities of the parties and then giving those assets and liabilities a value.  Determining the property pool becomes obviously more complicated if your ex has tried to hide or […]

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Protecting assets from new partner

One question we are often asked, particularly from those that have already been through the family law system, is ‘how can I protect my assets from my new partner?’ While a binding financial agreement is often the answer, you have another option, to become familiar with the family law system. If you are familiar with […]

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Interim Property Settlement

It is not uncommon that upon separation, one party controls the majority of the matrimonial assets. In addition to this, it is not unusual for one party to earn significantly more than the other. For these reasons, the party with greater access to assets or higher income tends to find it easier to preserve their […]

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Divorce with a business involved

What happens to a business in a divorce? Any interest in a business or company can be considered property in a divorce or property settlement. It does not matter what business structure is used; it doesn’t matter whether the business is a partnership, sole trader or company. An asset is an asset, and as such, […]

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How to sell a house in Australia when your ex is refusing

When it comes to negotiating a property settlement, extra stress can arise when you have differing opinions about what should happen with the family home. Usually, one party wants to keep it while the other party wants to sell it. If your ex refuses to or is delaying the sale of the family home, then […]

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Ex delaying property settlement

Why does an ex delay a financial settlement?  An ex may be motivated to delay a financial settlement for multiple reasons. Ex’s may try to remain in control of certain assets, particularly if those assets financially benefit them, for example refusing to sell a house they live in rent-free. Or ex’s might not be ready […]

from Cudmore Legal https://www.cudmorelegal.com.au/family-law-process/ex-delaying-property-settlement/
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How to prepare for Interim Hearings

Interim hearings are hearings by a Judge that deal with discreet issues before a final hearing. The orders made at an interim hearing can last a long time, so you need to be prepared to make your best case to the Judge. Parenting Interim Hearings Preparation Step 1 – Gather Evidence Early Whatever case you […]

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Property owned before marriage – Premarital assets

Premarital assets   Is a house owned before marriage marital property?  Marital property refers to property acquired during the course of a marriage. In contrast, there is also separate property, which is any property in which only one partner bought themselves entirely, in their name, using their funds. From that definition, we can concede that a […]

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Can you get a financial settlement without a divorce?

Yes. You do not need to be divorced before obtaining a property settlement. Both securing a divorce and obtaining a property settlement are two separate matters, and you do not need one to get the other. However, it should be noted that until a divorce is granted, the time limitation for initiating property settlement proceedings […]

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Adoption

Adopting a child If you’re considering adopting a child, you may wonder how this interplays with family law and your parenting rights. Each state and territory have their respective laws regarding adoption, and unfortunately, there is no unfirm system. In Queensland, the relevant legislation is the Adoption Act 2009. Whether you want to adopt your […]

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Hague Convention

Getting a child returned from overseas If you wish to have your child returned from overseas, you are in good stead if the country they have gone to is a party to the Hague Convention. If you wish to prevent a child from going overseas, you should place them on the airport watchlist. What is […]

from Cudmore Legal https://www.cudmorelegal.com.au/child-custody/hague-convention/
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Taking a child overseas

Can I take my child overseas? If your child is part of family law proceedings, then no, you can not take your child overseas without the other parent’s consent. Following the Family Law Act, it is a Commonwealth offence for a person to take or send a child from Australia in the following circumstances: There […]

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Surrogacy Lawyers Brisbane

A surrogate lawyer will help potential surrogates and parents navigate the legal minefield of surrogacy law. Surrogacy and Family Law  While many people are familiar with IVF as an option for assisted reproduction, surrogacy is lesser known as Australia’s option. Essentially, surrogacy is an arrangement between the intended parent/s and another woman who agrees to […]

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Spousal Maitenance

You may have heard in American news or movies a term called ‘Alimony’. Perhaps you have heard about how Britney Spears had to pay $40,000 per month to Keven Federline, her drunken Las Vegas marriage which resulted in two children. This payment was a monthly alimony payment to ensure Federline could maintain the lifestyle he had become […]

from Cudmore Legal https://www.cudmorelegal.com.au/property-settlements/spousal-maitenance/
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What is an Interim Hearing?

Matters rarely reach a final hearing in the court. Most cases resolve outside of the court by settlement, or after Interim Orders have been made at an “Interim Hearing”.  Interim hearings are small hearings that focus on discreet issues, usually only one or two issues at a time. These hearings often allow for practical steps to […]

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