A trust structure is often recommended to individuals and family business owners by their accounting and legal advisors to distribute income tax effectively and safeguard assets.

Relationship breakdowns and separations can be a stressful time as people navigate their parenting matters, property settlements and establish their ‘new normal’. Being involved in the family law system for the first time often means being exposed to a range of new terminology and legal jargon.

Family law property settlement negotiations and court proceedings can often run for lengthy periods of time. Sometimes there are delays that are outside of the parties’ control. These delays can cause issues when it comes to the time for valuation of the parties’ assets.

Mediation is a process that can be attended by parties to a family law dispute in an attempt to resolve their property and/or parenting issues. This article details what family law mediation is, why it is used and what the process is.

Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities for Victoria in the 2022 Doyle’s Guide.

Harwood Andrews has commenced a partnership with Settify which allows you to begin your family law pathway. Via Settify, you can get access to general family law guidance from anywhere and at any time.

On 1 September 2021, the Federal Circuit Court of Australia and the Family Court of Australia merged. They have joined to become the new Federal Circuit and Family Court of Australia (FCFCOA).

As family law practitioners we often see social media posts and screenshots used in evidence in family law disputes.

On 1 March 2021 the Federal Circuit and Family Court of Australia Act 2021 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 was given Royal Assent.

We are very proud to have been recognised as leading Family & Divorce law practice and two of our Lawyers Lisa Hunt, Principal (Preeminent) and Linton Drever, Counsel (Recommended).

The parenting arrangements for children of separated parents can be difficult to navigate at the best of times. So, what happens when a global pandemic is also a factor in these parenting arrangements?

Whilst there is no specific family law legislation to cover the current covid-19 crisis, if there are Family Law Orders in place with respect to your parenting arrangements, you must seek to comply with those Orders.

Marriage can be a beautiful bond between two people. A promise between the two to join their lives. Their souls….

…and all of their tax debts!

Parents must carefully consider their ongoing responsibility for school fees after divorce.

The cost of private secondary school fees – along with those at the primary schools that act as feeders for them – can cause complications even in intact relationships. When couples are separating or divorced, the question of who is responsible for what percentage of school fees can become significantly complex.

In a world where the internet and technology have progressed to a place where a relationship can be started with a simple ‘swipe’, ‘like’ or ‘snap’ on social media, it doesn’t seem too hard to believe that a relationship can breakdown over a ‘screenshot’ or ‘instant message’. 

As the entertainment media lights up like a Christmas tree with headlines of the split of power couple ‘Brangelina’ and news that Angelina will file for divorce and ‘physical’ custody of their 6 children, many are left asking what this all means.

Separating from your partner can be a painful and disruptive time. While many separated couples may want to distance themselves from each other, it is important to organise arrangements for your children (if you have them) and the division of your property.

In a recent appeal to the Family Court, it was determined that there is no binding rule for determining “special contributions” to a relationship. The Court decided that a wealthy couple should share their assets equally, despite the husband claiming that his special skills meant that he should have 70% of the assets.

Parents frequently provide their children with financial assistance to purchase a home or an investment property. Financial assistance provided by a parent to a child will be considered a loan or a gift for family law purposes.

In a recent case, the Plaintiff Donna Nolan separated from her husband and brought proceedings in the Supreme Court of Queensland separate to her proceedings in the Family Court.

On 30 July 2014 the Australian Taxation Office issued Taxation Ruling TR 2014/5 (previously released in draft form as TR 2013/D6) addressing the taxation effect of an order by the Family Court under section 79 of the Family Law Act 1975 for a private company to pay money or transfer property to a shareholder or their associate.