Property Settlements in Family Law: The Thorny Issues in Practice – 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: Here for a Good Time but Not a Long Time: Family Law and Later in Life Relationships

Second and later marriages, late-in-life relationships and blended families have given rise to unique and complex family law issues when the relationship both starts and ends. This session will examine some of the more common issues and provide a guide to what practitioners should be advising their clients in these circumstances, including:

• Drafting considerations in pre-nuptial binding financial agreements for an older couple
• How enforceable is a binding financial arrangement where one party becomes incapacitated?
• Can a de facto relationship arise where the parties live separately?
• What is the impact of one party going into aged care? Is this a separation for the purposes of family law?
• How does the court view short but later in life relationships? Are there any trends in property adjustments in these situations?
• Dealing with conflicts between estate planning arrangements and family law settlements
• Recent cases

Session 2: The Impact of Insolvency on the Asset Pool

After a challenging few years, it is inevitable that some family law clients may be staring down the barrel of bankruptcy or insolvency. This session examines insolvency and its impact on property settlements, including:

• Balancing the interests of the non-bankrupt spouse and creditors
• What orders can be made in respect of property vested in the trustee?
• Applying the doctrine of exoneration
• Treatment of loan accounts
• Impact of recent insolvency reforms on property settlements
• Case studies

Session 3: Counting the Cost of Family Violence on Property Settlements

The impact of family violence has been increasingly recognised by the courts in property settlement matters. This session examines the financial consequences of family violence, including:

• What circumstances are necessary to raise the Kennon argument?
• Can the Kennon argument apply to post-separation violence and conduct?
• What evidence is required to rely on the argument?
• The rise and recognition of emotional abuse and coercive control
• How the assessment on contributions is calculated: Jabour Jabour [2019] FamCAFC 78; Benson Drury [2020] FamCAFC 21; Koch Kest [2021] FamCA 408