Family Assets

9 06, 2016

My ex-partner is hiding/spending assets.

Section 19(1) of the Federal Child Support Guidelines (FCSG) permits the court to impute income if it appears that income has been diverted and that diversion affects the level of support payable under the FCSG, and/or if the spouse has failed to provide income information when under a legal obligation to do so. In the case Bodine-Shah v. [...]

9 06, 2016

I do not want to pay my partner’s debts if we split up.

The starting point for division of debt under the Family Law Act (FLA) is s. 81, which provides that spouses are both responsible for family debt, regardless of their respective use or contribution, and that on separation, each spouse is equally responsible for family debt. However, the court may order an unequal division of family debt if it would be [...]

9 06, 2016

I do not want to share my money/business/property with my spouse/common law partner if we split up.

There are four basic ways you may not have to share your property if you split up with your spouse or common-law spouse. Excluded Property: The Family Law Act, which came into force in March 2013 adopted an “excluded property” model. Separating spouses end up with a “communal pot” of family property to divide, but [...]

9 06, 2016

What is family property and debt?

“Family property” is all property that is owned by (or a beneficial interest in it is held by) at least one spouse on the date of separation, unless the property falls within the definition of “excluded property” (set out below). Family property includes property acquired after separation if it is derived from property that is family property. Section 84(2) of the FLA details certain [...]