Court rejects any presumption that a husband is entitled to a property settlement after 20 year marriage
It is quite likely that if you asked anybody on the street whether a husband would be entitled to a property settlement after a twenty-year marriage in Australia, the answer would be a resounding yes! however as the case of Paxton [2016] makes clear, that would reveal a fundamental misunderstanding of the way property divisions […]
De facto wife granted 16% of the property pool plus spousal maintenance after a five year de facto relationship
The case of Elliston & Dennell [2019] provides a very clear illustration of the principle that under the law in Australia, there is no presumption of a 50/50 division of net assets in the event of a separation. This remains the case whether the parties were married, or de facto, and the principle is especially […]