Szabo & Associates News & Updates

The date of separation is relevant in family law property matters because the Court takes into account the contributions made by a party during the relationship. As such, the date of separation can have a considerable impact on the division of assets during their property settlement.

The concept of what is best for a child’s welfare, or what is in the ‘best interests of the child’, pertains to those principles used by a Court to decide the best outcome for a child given a particular set of circumstances.

Most people recognise the importance of a Will but looking after it is important too. This may seem obvious but what does it mean in practice?

A death bed gift (sometimes referred to as ‘donatio mortis causa’) is a gift of an asset given before a person passes away. It is considered to be outside the estate, meaning that, even if a person has been promised a particular item in the Will, they will not receive it. As can be imagined this can become a source of conflict.

When determining a contested Will, a Court has to consider many competing factors. In Cowap v Cowap, the Court had to weigh the moral obligation of a deceased husband to his wife after a long marriage compared to the obligation to make provision for his disabled and destitute adult son. The case illustrates that there are no inflexible rules in family provision claims with each case turning on its own merits with the long arm of ‘notional estate’ potentially playing a role.