Family Law

Inheritance received after separation in Family Law Property

When the Court determines family law property settlements, they are required to consider all aspects of a parties’ financial circumstances. The Full Court has held “all of the property held by both of the parties or either of them can be subject of orders, regardless of when particular assets were acquired.” The case quoted above …

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Binding Financial Agreements

TYPES OF BINDING FINANCIAL AGREEMENTS (BFAs) Under the Family Law Act 1975 (Cth) (Family Law Act), Binding Financial Agreements (BFA) are divided into several categories – those relating to marriages and those relating to de facto relationships. Marriage Section 90B: Part VIIIA agreement – before marriage; Section 90C: Part VIIIA agreement – during marriage; Section …

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Do I pay transfer (stamp) duty to transfer my property after a separation or divorce?

You may be exempt from paying transfer duty after a relationship break-up. To apply for the exemption, you must be able to provide to Revenue NSW a Court Order made under the Family Law Act 1975 or a termination agreement (commonly known as a Binding Financial Agreement). The exemption applies to both married couples and …

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Transfer Duty (formerly Stamp Duty) Exemptions and Family Law

Transfer duty is payable on property transactions in NSW. It is administered by Revenue NSW. Transfer duty is payable when you buy: Property Investment property Vacant land or farming property Commercial or industrial property; or A business, including land This is relevant in a family law property settlement, when one party seeks to retain the …

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The Family Law Inquiry: What is it and why should you care?

What is it? On 17 September 2019, Prime Minister Scott Morrison announced the Government will undertake a Joint Parliamentary Committee of both the House of Representatives and the Senate to conduct a wide-ranging inquiry into the Family Law system. The Inquiry will look at whether the current system, which is intended to support parents and …

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