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It is evidence against my argument that the Family Law Act is fair. And it shows how the system can be taken advantage of in a way other than was intended. Stanford v Stanford - [2012] HCA 52 Here is an abstract written by something else Abstract The High Court of Australia has...

No Ed. The man was ordered to pay the wife something like $580,000. To do this he would have needed to sell his home worth something like $800,000. He was in his 70s and this is where he had lived for 30 plus years. It was appealed twice and the man eventually won. But the wife had died in...

No PB, The daughter of the wife at her attorney made an application under the Family Law Act for a property settlement for the mother. Because the couple were 'separated' the wording of the act allowed an application for property settlement to be made - even though the relationship hadn't...

How about this scenario. Older defacto couple (30 years together). Each have children from previous relationship. Each has appointed one child their enduring attorney. Wife is hospitalised because of illness and dementia. Relationship still intact, but they are separated, ie living...

And because that case was an appeal, the original case Summerby & Cadogen [2010] FMCAfam 109 (12 February 2010) http://www.austlii.edu.au/au/cases/cth/FMCAfam/2010/109.html

This is a reference to a newspaper article. These usually sensationalise stories and leave important bits out. Best to link to the full judgment, Summerby & Cadogen [2011] FamCAFC 205 (20 October 2011)...

Yes it would be taken into account. How it is taken into account will depend on a few things such as when it was received who was the beneficiary the amount etc etc Something received one month before the relationship breakdown would be treated differently than something received 10...

Would love to read this case. What is the reference or the names of the parties?

In that case I must agree with you. The application of the law is sometimes unfair, or maybe everytime unfair. There will always be a winner and a loser.

Yes, there are many cases on this, although I haven't looked into it thoroughly. It seems the inheritance can be deemed to be an asset of the marriage or a financial resource of the party receiving it. Getting your parents etc to leave the inheritantance to a testamentary trust. This way the...

Ok, lets extend this to deceased estates. What if a parent died and left the entire estate to a charity leaving their 15 year old son with nothing?

Have a look at a few real life family law cases. Family Court judgments can be found online at http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/judgments/First_Instance/ Scroll through and look for a case involving ‘property’. The latest case that I found was Cappetto & Cappetto [2012]...

Which sections of the act are you referring to?

"Spousal Maintenance" Part VIII of the Family Law Act ss 71 onwards http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114

TMPT, Why not have a read of a few cases. What you are basing your opinions on at the moment is just hearsay. When you come across a case that you think the man has unfairly suffered then post a link.

In any relationship breakdown there is bound to be one party which is hard done by. Sometimes the woman sometimes the man. Sometimes both consider themselves to be the one hard done by.

Its all interesting isn't it. Do you have the name of the case handy? I am compiling a list of cases involving trusts and family law.

Many problems with this. 1. Trusts aren't legal entities so the trustee will need to enter contracts and sign documents etc. This will mean transfers and stat decs etc need to be signed by the director of the company trustee. 2. Since it is a foreign company then FIRB approval. 3. Any...

It could be the beneficiary - but not the sole beneficiary. But this would reduce the asset protection. It could be a company, controlled by one or more people, again could be the main beneficiary, but the more outside control the stronger it will be. At the very least having the beneficiary...

This is very common. It is very important to use testamentary trusts to try to prevent this - get people who are planning to leave you money/assets to set up a testamentary discretionary trust in their will.