Holden Barlow Family Lawyers Perth in Perth, Western Australia | Divorce & Family Lawyer

Holden Barlow Family Lawyers Perth

Locality: Perth, Western Australia

Phone: +61 8 9221 7122

Address: Level 9, 16 St Georges Terrace 6000 Perth, WA, Australia

Website: http://www.holdenbarlow.com.au

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22.01.2022 The Commonwealth Attorney- General’s media release of 24 October 2018 states that the legislation will be introduced in 2019 (with super splitting to occur in 2020) which allows de facto couples in Western Australia to split their partners superannuation as part of their property settlement. We will keep you posted as these proposed law changes for de facto couples and their superannuation comes into place, likely later this year. Under current family law in Western Austra...lia: - Only married parties are able to split their superannuation interests as part of their property settlement; - Superannuation for de facto parties is taken into account as a financial resource, but their cannot be splitting orders. An adjustment may be made to allow for a de facto party’s superannuation interests, but this is limited by what other assets the parties may or may not have for division in their property settlement. If you are in a de facto relationship, or contemplating separation, you need to know your rights in relation to superannuation. The law regarding superannuation, valuation of the same and approved consent orders can be complex be sure to get expert advice in relation to your family law affairs from Holden Barlow Family Lawyers Perth. To book a fixed price initial consultation or a free preliminary 15 minute telephone appointment visit our website at www.holdenbarlow.com.au. Alternatively, you can contact our office on 9221 7122 for an appointment convenient to you.

21.01.2022 Holden Barlow Family Lawyers Perth have again satisfied the requirements of quality practice for conduct of its family law services in Perth and the Family Court of Western Australia. Holden Barlow Family Lawyers Perth are proud to have retained a Quality Practice status for over 10 years now. Quality Practice allows clients to trust and rely on experience, expertise and consistency in the provision of prompt professional family law advice. ... If you have any family law issues, or would like to speak with one of our family lawyers, book a free online appointment by visiting www.holdenbarlow.com.au, or call us on 9221 7122.

10.01.2022 The Government proposes to establish a new Federal Circuit and Family Court of Australia (FCFCA). The new Court will be established through the amalgamation of the Family Court of Australia and the Federal Circuit Court of Australia. A new Family Law Appeal Division of the Federal Court of Australia will also be created to hear appeals in family law matters from the FCFCA and the Family Court of Western Australia. Subject to the passage of legislation, it is proposed that t...he FCFCA and the Family Law Appeal Division will commence operation on 1 January 2019. There will be a single point of entry for federal family law matters, through the FCFCA. There will also be one Chief Justice supported by one Deputy Chief Justice of the FCFCA. The FCFCA will be divided into two divisions, with Division 1 comprising the existing judges of the Family Court, and Division 2 comprising the existing judges of the Federal Circuit Court. The Chief Justice and Deputy Chief Justice will each hold a dual commission to both Divisions 1 and 2 of the FCFCA. The Appeal Division of the Family Court will not be retained. The Family Law Section will seek clarification from the Attorney General’s department, the Family Court of Australia and the Federal Circuit of Australia of the finer details of the proposals announced today, and will consider the proposed legislation, once it is released. We will provide members with further updates over the coming weeks and months. See the below links for the two fact sheets issued by the Attorney-General’s Department: 1. Fact Sheet 1 provides an overview of reforms, and 2. Fact Sheet 2 provides facts and figures to support the changes. https://www.familylawsection.org.au//20180530---Court-Refo https://www.familylawsection.org.au//20180530---Court-Refo In summary, the changes mean the Court will have a single federal point of entry for all Australian family law matters. This already occurs in the jurisdiction of the Family Court of Western Australia. Urgent and high risk cases will continue to be prioritised, and each case will be allocated at the earliest possible point to the relevant judge and division with the right expertise and capacity. Justin Dorney HOLDEN BARLOW FAMILY LAWYERS PERTH

09.01.2022 The Barefoot Investor recommends Family Law Binding Financial Agreements See the below link to view the article in Sunday Times on 15 April 2018, where the barefoot investor recommends that parties who are in a second relationship, have unequal asset positions or have other reasons of complexity. Should enter a Binding Financial Agreement. This will avoid high litigation costs for parties contemplating entering into a relationship in the above circumstances, or for separat...ed parties. If you seek any advice in relation to a Binding Financial Agreement or the terms of the same please do not hesitate to contact Holden Barlow Family Lawyers Perth for a free appointment online please visit our website at http://www.holdenbarlow.com.au/ or call our office on 9221 7122. https://www.pressreader.com//the-/20180415/285061279725496

07.01.2022 See the below article by Anna Kelsey-Sugg. It is a really good overview from some of the financial realities of the Family Court System in Australia and the effects of separation. I strongly recommend getting proper advice from an experienced family lawyer promptly at or after separation. Our exclusive initial consultation process will provide you with detailed advice as the law, how it applies to your situation and the likely costs involved if you need to engage a lawyer. C...ontact me, Justin Dorney, on 9221 7122 for a free 15 minute telephone appointment, or a formal initial consultation. Alternatively use our easy online booking system by visiting www.holdenbarlow.com.au. Justin Dorney HOLDEN BARLOW FAMILY LAWYERS PERTH http://www.abc.net.au//financial-impact-of-separa/10089286

05.01.2022 Family Law Perth news - Tax debts and separation A recent High Court case has found that a tax debt of one spouse can be shifted to another during a divorce property settlement, which family lawyers say could leave the spouses with the debts of their former partner. See the attached link to the article from ABC news on 21 January 2019 for the full family law article - ... https://www.abc.net.au//what-is-mine-is-yours-unt/10726020 Family law property settlement often requires expertise and experience in complex issues such as taxation, corporate and trust structures (often part of tax minimisation) these matters can have significant consequences not only parties to a family law separation, but also related corporate or trust entities, particularly in relation to tax debts. For an initial consultation with one of our family lawyers who have expertise in these matters book an initial consultation online here, or call us on 9221 7122 for an appointment at Holden Barlow Family Lawyers Perth. It is open to a spouse, as part of their property settlement, to seek a substitution order re-allocating tax debt, if it is just and equitable to do so Justin Dorney, Director of Holden Barlow Family Lawyers Perth. Full details of the family law news article and case published by ABC from the attached link is as follows: The case of Commissioner of Taxation v Tomaras concerns whether the Family Court can give orders to government agencies in this case the ATO as part of the determination of a property dispute. After the breakdown of a marriage, one spouse, who had incurred a $250,000 tax debt during the marriage, sought an order from the Federal Circuit Court that her (bankrupt) partner become solely liable for the debt. The Full Court said s90AE(1) of the Family Law Act 1975 confers power onto the court that enables it to make an order that the commissioner be directed to substitute the husband for the wife in relation to the debt owed by the wife to the commissioner. The tax commissioner appealed to the High Court and lost. The tax man could now potentially be out of pocket by $250,000 because the husband is bankrupt. The ATO was contacted for comment about whether it plans to pursue the tax debt but said, "due to privacy and secrecy reasons, we are unable to comment on the tax affairs of individuals or entities. The case highlights the importance of spouses being aware that they may ultimately be responsible for another spouse's taxation liabilities and/or penalties. It is open to a spouse, as part of their property settlement, to seek a substitution order re-allocating tax debt, if it is just and equitable to do so.