When making orders for property division in family law disputes, the Court looks, among other things, at the future needs of the parties, including their respective income earning capacities (Family Law Act s 75(2)(b)). But what happens when earning capacity is affected by the would-be property orde...
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RECENT CASE: Brune & Cline [2018] FCWA 209
The Family Court of Western Australia recently handed down a decision regarding the validity of a marriage between two parties following the discovery that their Pastor’s license was invalid. The parties, who were married in 2017 were informed in the weeks leading to the ceremony that their Pastor...
Read moreRECENT CASE: Lysons & Lysons and Anor [2019] FamCAFC 29
In a recent Full Court decision, the Family Court found that the primary judge had not erred in refusing a Mother’s application to change her child’s name. The child, X, was born in 2016 to parents who commenced their relationship in 2014. Upon separation, the child’s mother indicated that she...
Read moreRECENT CASE: Can Family Violence Adjust Property Settlements in Family Law? Keating & Keating
Whilst conduct is not generally relevant to property law settlements within family law, in certain instances, serious violent conduct may be viewed as impacting upon a party’s ability to contribute to the relationship or otherwise make contributions more arduous than they ought to have been. T...
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