Publications Category: <span>Assets & Property Settlement</span>

INTRODUCTION The first step in financial proceedings is to identify and value the wealth of the parties or as lawyers put it, to identify the property pool. In financial cases we are often charged by our clients with “finding the money”. Often this is not an easy task. Sometimes assets are actively concealed by a...

Michael Emerson Accredited Family Law Specialist Emerson Family Law Contributions In Marriage of Krassas [2005] FamCA 803 The Trial Judge had assessed the wife’s contributions in terms of a range rather than a fixed percentage. The wife had derived a large inheritance late in a 17 year marriage. The Trial Judge, Justice Watt, had assessed...

ASSESSING CONTRIBUTIONS The Approach of the Court in Property Settlements Under Section 79 of the Family Law Act (“the Act”) the court has power to make orders redistributing the property of parties to a marriage. The relevant section provides as follows: Section 79 – Alteration of Property Interests [Court may alter parties’ property interests] In...

CPD Essentials Conference Family Law Television Education Network From its enactment in 1975 and for 25 years thereafter the Family Law Act 1975 (Cth) (“the Act”) made no provision for the recognition and enforcement of agreements made by parties to a marriage outside the provisions of s.79 of the Act1 or s.86 and s.87.2 On...

Friday 28 March 2008 Family Co-Presenters: Mr Michael Emerson, Principal, Emerson Family Law Ms Kay Feeney, Special Counsel, Cooper Grace Ward Property Settlement The relevant sections The four step process Importance of identifying and valuing all property When to identify property – at separation or at trial? What about spousal maintenance? Clarification of what is...

By: Mike Emerson, Partner Emerson Black Lawyers, Brisbane The first step in financial proceedings is to identify and value the wealth of the parties or as lawyers put it, to identify the property pool. In financial cases we are often charged by our  clients with “finding the money”. Often this is not an easy task....

Onus Maynes (Evidex) and Mike Emerson (Emerson Black Lawyers) Complexity and change are features of modern life. There are many facets of such complexity in today’s business world and indeed in every aspect of human behaviour. Contributing to this complexity are many factors, notably included among them the following: Globalization The ever present impact and...