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NOTICE ALERT IN LIGHT OF COVID-19
WHAT WE PROPOSE AND HOW WE CAN ASSIST
At Watson & Watson our clients come first. Please be assured of our continued dedicated services to all current and new clients.
As we have done in the past, we will continue to offer alternative conferencing methods ie video conferencing, skype or telephone conferences. Reviewing of all documentation provided to us prior to any initial conference will be all inclusive of our set fee. Do not hesitate to contact Shereen Da Gloria on (02) 9221 6011 should you have any concerns.
A recent case determined by the Federal Circuit Court of Australia highlights the need for a party who seeks property division to have made contributions. Just being married or in a de facto relationship does not guarantee a property settlement.
The Court looks at what is “just and equitable” having regard to the facts of the case.
In the case of Babray the Federal Circuit Court dismissed the Husband’s Application for property division following a relationship/marriage of approximately 6 years and where there was a child of the marriage.
The Husband sought 30% of the overall pool of property available for division between the Husband and Wife. He did not receive any property at all.
In this case the facts were that:
In the circumstances the Federal Circuit Court was satisfied that it would be just and equitable for there to be no property division and this arose from the Husband’s failure to make any contributions.
It is therefore not always certain that there will be a positive outcome in the sense of a guaranteed property settlement. This is more so when there is a short marriage or de facto relationship.
If you are in circumstances that you have or propose to end your marriage or de facto relationship or are proposing to enter into a financial/property settlement or have property/financial settlement proceedings or are about to commence proceedings, please contact Richard Watson Senior Family Law Solicitor or his Personal Assistant Shereen Da Gloria to discuss your concerns and seek timely advice.
This is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Solicitors on 9221 6011.
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