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windfall, inheritance, lottery, win, wealth, payment, payout, bankrupt, bankruptcy, divorce, separation, family law, Family Court, property settlement
19 Sep 2024

You’ve had a windfall and won lotto! To keep it you’d best get expert advice

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 […]
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ex husband lottery, husband, ex husband, lottery, wife, ex wife, divorce, separation, separated, property settlement, lottery ticket, joint funds, joint asset, lottery winnings, Family Court, marital property, notional asset, unexplained expenditure, financially independent, unencumbered
24 Jun 2024

Could an ex-husband claim a share in his ex-wife’s lottery win? Which case won?

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.

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IVF, conception, embryo, procedure, egg, donor, birth, mother, child, parenting, family, court, same sex, relationship, parent
29 Apr 2024

Were they in a de facto relationship at the time of the IVF conception? Which case won?

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.

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divorce quickly, divorce, separation, de facto, marriage, married, Family Court, divorce order, property settlement, mediation, lawyer, marriage breakdown
10 Apr 2024

How quickly can I get a divorce?

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 […]
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bank of mum and dad, BOMAD, bank of dad, loan, gift, family loan, financial support, property, mortgage, cost of living, Centrelink, age pension, guarantor, borrowing capacity, credit score, security, documented, divorce, Deed, verbal agreement
19 Oct 2023

Trouble at the bank of mum and dad – the horror story edition on family loans

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 […]
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disclosure, disclosure requirements, information, documents, family law, divorce, couple, separation, assets, liabilities, financial information, bank account, income, expenses, tax return, financial statement, credit union, parenting, employment, criminal record, parent, child
05 Jul 2023

Disclosure requirements in family law – what am I meant to provide?

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. […]
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best interests of the child, parent, parenting, child, children, best interests, family law, Family Court, custody, custody dispute, parenting dispute, children's lawyer, child abuse, family violence
14 Mar 2023

Focus on best interests of the child in planned changes to family law

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 […]
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16 Aug 2022

Covid vaccination for children – who decides when parents can’t agree?

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 […]
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superannuation assets, superannuation, super, fund, account, family law, divorce, separation, property settlement, asset, Tax Office, Family Court, legal settlement, proceedings, splitting super, flagging agreement
30 Mar 2022

Superannuation assets can no longer be kept secret in family law property settlements

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 […]
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lottery winnings, lotto, divorce, separate, separation, property settlement, assets, property pool, relationship, de facto, marriage, married, windfall, relationship, finances, Family Law Act
15 Sep 2021

Can my ex claim part of my lottery winnings?

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 […]
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