How do you get sole custody?

How do you get sole custody? In order to get sole custody you need to rebut the presumptions of equal shared care, to do this: prepare an affidavit of why the other parent should not have time with the child compile evidence to support your case apply to the court for a no time order […]

from Cudmore Legal https://www.cudmorelegal.com.au/child-custody/how-do-you-get-sole-custody/
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How are gifts treated in family law?

Family Law Gifts and Property Settlements We have talked about how to determine if something is a gift or loan in family law and we have discussed at length who gets what in separation, however what if something is a gift intended only for one person? Should they keep that gift or does that gift […]

from Cudmore Legal https://www.cudmorelegal.com.au/property-settlements/how-are-gifts-treated-in-family-law/
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Does my wife/husband/spouse get half of everything?

Is it 50/50 in a financial separation? There is a common assumption that property settlement has to be a straight 50/50 split, however, there is no default rule to have a 50/50 split. It is important to realise that each person’s settlement will probably be different from others you may have heard about. This is […]

from Cudmore Legal https://www.cudmorelegal.com.au/property-settlements/does-my-wife-husband-spouse-get-half-of-everything/
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Transferring, selling or gambling away assets – Dissipated Marital Assets and post-separation debts

What is dissipating the assets pool? To understand what dissipating asset pool is we first need to explain what the assets of a family law settlement are. The asset pool consists of everything owned minus all of the liabilities at the date of the court orders. That is right you heard it, it is AT […]

from Cudmore Legal https://www.cudmorelegal.com.au/property-settlements/transferring-selling-or-gambling-away-assets-dissipated-marital-assets-and-post-separation-debts/
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Loan or Gift in Family Law?

Loans and gifts in family law When separation occurs it is necessary to do a property settlement and calculate what assets, superannuation and liabilities are in the property pool. Liabilities are including debts except alleged debts that are vague, uncertain or unlikely to be enforced (such as an unsecured loan from a parent of a […]

from Cudmore Legal https://www.cudmorelegal.com.au/property-settlements/loan-or-gift-in-family-law/
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Why you really REALLY should finalise your financial separation sooner rather than later

Maybe you’ve had a sudden realisation that if you don’t quickly formalise your financial separation, their debts could be your debts and your assets could be their assets…. Yes, that’s true, as it is not the date of separation that the court uses to calculate the relationships networth but at the date the final order […]

from Cudmore Legal https://www.cudmorelegal.com.au/property-settlements/why-you-really-really-should-finalise-your-financial-separation-sooner-rather-than-later/
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Can a binding financial agreement be overturned?

When can a BFA be set aside? A review of Thorne and Kennedy [2017] HCA 49 There is a reason most family lawyers shy away from BFAs, and that is because they can be overturned even when you give them the utmost amount of consideration. In Thorne and Kennedy that is exactly what happened, a […]

from Cudmore Legal https://www.cudmorelegal.com.au/binding-financial-agreements/can-a-binding-financial-agreement-be-overturned/
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