Latest from the Knowledge Centre

Lottery Winnings After Separation – Who Gets the Money in Family Court Proceedings

Most people are surprised to learn that lottery wins acquired after separation can form part of the property pool available for distribution between them. If they have not already formalised a property settlement. Whether a lottery win is categorised as a joint contribution or sole contribution to the property pool is important. Practically speaking, if…

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Is Superannuation Property?

Yes. Although the Family Courts treat superannuation as a different class of property than other property such as houses, cars,motorbikes, savings and home contents (the Court refers to this type of property as cash assets). Because superannuation is something that you don’t have access to (unless of retirement age) people often tend to forget about…

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For better or worse: How does your marriage or divorce affect your Will?

Marriage Generally, a Will is revoked by the marriage of a testator (the person that makes a Will). The most common exception to this is where a Will is expressed to be in contemplation of marriage. The solemnisation of a marriage after the Will is made does not revoke the Will. Further, a disposition made…

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Lottery Winnings and Who Gets the Money in Family Court Proceedings – Windfall During Relationship

Generally speaking, a windfall such as a lottery win acquired during a relationship will form part of the property pool that the Family Court will adjust between parties. The question that often arises is whether that lottery win is to be considered a contribution by the person that purchased the lottery ticket, or, a contribution…

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Social media – A solicitor’s friend or foe? The line between the two is often blurred

Just like Robin Thicke and Pharrell, solicitors also hate those blurred lines, particularly when it comes to what constitutes legal advice via social media platforms. The ever-increasing use of social media has brought about new and often unclear ethical challenges for all solicitors with many solicitors at some point in their legal career having that…

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