Mcphee Lawyers

Tag Archives: Marriage

Thorne v Kennedy - is your Financial Agreement vulnerable?

by The recent High Court decision in Thorne v Kennedy [2017] HCA 49 provides practitioners with a summary of the law regarding duress, undue influence and unconscionable conduct in relation to the preparation of financial agreements. Husband and Wife met online in 2006. He was 67 and she was 36. The Wife was living in the Middle East and the Husband
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Great Scott! Can the Court order a property settlement after 30 years of separation?

by It is not often that the tabloid newspapers report on family law matters, particularly matters at first instance, however the recent Federal Circuit Court of Australia judgment of Scott & Scott [2016] FCCA 1659 was featured in the Daily Mail Australia on 13 July 2016. While not a landmark decision, the Scott case is a timely reminder that disputes about ownership of
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Fields & Smith: A Nail in the Coffin for “Special” Contributions

by Discussing Fields & Smith [2015] FamCAFC 57 The recent decision of the Full Court of the Family Court in the case of Fields & Smith has overturned the decision at trial that a husband’s ‘special’ skills warranted an adjustment of the assets of the marriage 60%/40% in the husband’s favour. The basic facts in Fields & Smith were unremarkable. The
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Jensen v Jensen: Application Dismissed

by We’ve all heard the media hype surrounding the Canberra couple, Nick and Sarah Jensen, who pledged to divorce if same sex marriage is legalised in Australia. In essence the couple, who claim to have a perfectly intact marriage and intend to continue their relationship, have vowed (no pun intended) to divorce if same sex marriage is legalised. Regardless of your
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Relationship + Separation + Property + Handshake Agreement = Not Legally Binding? – Part 2

by Part 2 of our 2 part series on legally binding de facto and matrimonial property matters:- Considering Binding Financial Agreements Last week, we reminded you that if you want to fully and finally resolve matrimonial or de facto property matters, you need to formalise your agreement by way of Consent Orders or a Binding Financial Agreement. So what is a Binding Financial
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Relationship + Separation + Property + Handshake Agreement = Not Legally Binding? – Part 1

by Part 1 of our 2 part series on legally binding de facto and matrimonial property matters:- Considering Consent Orders     You need a Court Order or Binding Financial Agreement to have a legally effective property settlement. It is important to formalise the agreement reached with respect to the distribution of property (matrimonial or de facto). A document either handwritten or typed
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What’s in a Name?  Changing your name after separation or divorce

What’s in a Name? Changing your name after separation or divorce

by It is not unusual for one spouse to take the other spouse’s surname after marriage.   In Queensland, after you marry, you do not necessarily need to go through the official name change process.  Rather, you can use your registered marriage certificate as an official proof of identity document when advising organisations about your name change.  The exception to this
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Australian Bureau of Statistics: Marriages and Divorces in 2013

Australian Bureau of Statistics: Marriages and Divorces in 2013

by On 26 November 2014, the Australian Bureau of Statistics (ABS) published data and information about marriages registered and divorces granted in Australia in 2013. Although the resident population of Australia increased by 407,027 from 2012 to 2013, the number of people choosing to marry continues to decrease. Of the people who married in 2013, 76.6% of couples lived together prior
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