THE ROLE OF EQUITY IN FAMILY LAW MATTERS

THE ROLE OF EQUITY IN FAMILY LAW MATTERS

FREE READ | April 2021 | Estate Planning CPD, Family Law CPD

An ongoing concern within Family Law is Equity when dealing with property. This technical paper by Monique Robb, Special Counsel, and Accredited Specialist - Family Law, and Lee Formica, Partner and Accredited Specialist - Family Law takes you through the key points that need to be considered when facing these issues.

Presented in April 2021, this paper was well-received by webinar attendees.  

*The writer acknowledges the considerable assistance of Andrew Fischer, Kate Clissold and Mayomi Kondasinghe in preparing this paper.

INTRO

The Family Court has the ability to consider equitable remedies as part of its armoury in assisting families who come before it in determining property disputes. This paper will discuss:

? Identifying equitable interests by way of, for example, resulting trusts or constructive trusts;

? Setting aside financial agreements on the grounds of undue influence, unconscionability and duress;

? Asserting an equitable interest in property under proprietary equitable estoppel in family law;

? Asserting rights in the context of bankruptcy under equity of exoneration; and

? Equity and subrogation.

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