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A case in the Family Court involved a dispute over the division of marital assets.

The husband was aged 39, the wife was aged 37 and they had been married for about ten years at the time of separating. They had two children.

When they started living together, the husband had assets of a total value of $226,000, while the wife had assets of a total value of $11,500.

The husband was employed at all times and the wife was employed until shortly before the first child was born, then employed part-time after the first child turned five.

Hooray, you’ve won the lottery! Now you can pursue your dreams. But beware, there are legal and emotional pitfalls with a sudden windfall such as a lottery win, large inheritance, compensation payment or redundancy payout which could turn that dream into a nightmare. Unexpected windfall can lead to emotional and behavioural problems There is even […]

A couple had been married for 20 years at the time of separation in July 2008. They had two adult children and owned real estate together.

In early 2009, six months after they had separated and while they were still negotiating the terms of the property settlement between them, the wife purchased a lottery ticket and won $6 million.

The husband contended that as the wife had purchased the lottery ticket with “joint funds”, he had therefore contributed to the winnings and they should be considered a joint asset of the marriage. The husband sought 50% of his ex-wife’s lottery winnings.

The wife disagreed, and the matter came before the Family Court for a determination on this and other matters that were in dispute between the couple.

A case heard in the Family Court centred on a dispute between two women who were in a same-sex relationship and had a child through IVF.

The women commenced a de facto relationship in 2004, sharing a residence for the following seven years.

In July 2011, one of the women underwent a successful IVF procedure. The donor of the egg for this procedure was the other woman.

However, the relationship was a tumultuous one. On 21 March 2011, prior to the IVF procedure, the woman who was to be the donor moved out of the residence that the women had shared.

One year of separation required before applying for divorce “I want to get a divorce as quickly as possible. What can I do to speed things up?” Many people want to get divorced as soon as they can, so they can move on with their life. But there are legal matters you should consider before […]

Unaffordable housing leads to reliance on bank of mum and dad As Australia continues to rank among the least affordable markets for housing globally, it is becoming increasingly difficult for young people and other aspiring first-home owners to buy a property. Consequently, the “bank of mum and dad” is as popular as ever. However, there […]

Disclosure plays a critical role in family law proceedings in Australia. The term refers to the process of providing information and documents relevant to a case to the other party and the court. It is designed to ensure that everyone has access to the necessary information to make informed decisions and achieve a fair outcome. […]

Australia’s family law is facing substantial changes under federal government plans to amend the 1975 Family Law Act, with the new Family Law Amendment Bill to put the best interests of the child at the centre. Best interests of the child to be central to family law system Attorney-General Mark Dreyfus has released for consultation […]

Objections to Covid vaccination for children on various grounds Covid vaccination for children has been a hotly disputed topic. What happens when one parent wants their child to be vaccinated against Covid-19 and the other parent is dead against it? They might be opposed because they don’t believe the vaccine has been proven safe for […]

From 1 April 2022 changes to superannuation laws mean that superannuation assets can no longer be hidden during a family law property settlement. Under amendments to the Family Law Act 1975 and the Income Tax Assessment Act 1997, it will be harder for a person involved in property settlement proceedings as part of divorce or […]

If a couple separates and one of them wins lotto, can that person be legally required to share their lottery winnings with their ex-partner? As a family lawyer, I am sometimes asked whether lottery winnings form part of a couple’s assets that are to be divided in their property settlement. A typical question sounds like […]