Carving Up the Assets in Family Law Property Settlements – a recorded lunchtime online conference

Duration: Approximately 2.5 Hours

Hear from the experts at this online conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: All Abroad: Navigating Overseas Assets in Family Law

Increasing migration has led to many people residing in one country but holding assets in another. This situation needs to be handled carefully when a relationship breakdowns and assets of the parties, wherever located, need to be taken into account. This session will provide a guide to practitioners on managing this additional layer of complexity in family law property settlements, including:

• Relevant factors in choosing jurisdiction for divorce and/or property settlement: Bant Clayton (No 2) [2019] FamCAFC 200
• Disclosure and identification of overseas assets
• Obtaining foreign assistance, including legal advice, valuations and relevant third parties such as trustees
• Consideration of taxation and other financial implications of asset splitting, transfer and sale
• Assessing probability of enforcement of orders in the foreign jurisdiction
• Cost issues in pursuing foreign assets
• Lessons from recent cases

Session 2: Big Money, Big Problems? The Family Court and the Top End of Town

Rising property values, globalisation of commerce, dual family income, inheritance and investment growth have seen the wealth of Australians rise considerably over the last few decades, and none more so than those at the top of the tree. This session will explore how the family courts are viewing property adjustment in very wealthy family separations, including:

• What does “just and equitable” mean in the context of wealthy families?
• Is there a presumption of equality of contribution as a starting point in property adjustments in high wealth cases?
• Court treatment of special contributions in high wealth cases
• How far and to what extent should the court examine family wealth behind the parties?
• Are family trusts doing their job in protecting assets?
• Recent cases including Balken Vyner [2020] FamCA 955; Rigby Kingston (No 4) [2021] Fam Ca 501

Session 3: Super-Size Me: Superannuation Splitting and Family Law

Often one of the biggest assets in the property pool, superannuation has become an essential component in property settlements. This session will examine some of the increasingly complex issues in consideration and splitting of superannuation between the parties, including:

• Accessing superannuation details – recent reforms
• Practical and financial consequences of splitting super – is there a better way?
• Checking the fund rules – what to look for
• Joining the trustee to family court proceedings
• Managing super splitting involving multiple member funds
• Specific issues concerning SMSFs, defined benefit schemes, military pensions and other less common situations
• Recent cases