A Power of Attorney is a legal document which gives authority to another person (known as the attorney) to make certain financial decisions and sign certain documents on behalf of the donor. Powers of attorney can grant extremely wide and discretionary powers to the attorney. There are certain drafting and execution requirements for an Enduring Power of Attorney to be valid.
If you do have a matter that ends up in the Federal Circuit Court or Family Court, you will have to specify the Orders you would like the Court to make before you get there. You cannot simply go to Court and ask the Court to “fix” things for you. You have to tell the Court what it is that you want it to do and the orders you want it to make.
Oftentimes, an agreement for the division of property between spouses also involves the division of superannuation. This is because the significant assets in a marriage or a relationship are typically real property and superannuation.
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Superannuation can easily be overlooked when thinking about separation. Is my superannuation going to be included as part of the property pool and if so, how much will I get to keep versus having to pay to my partner/spouse? These questions can often be extremely daunting, so in this blog, we look at what happens to your Superannuation when you separate or divorce.
Many people have the mistaken belief that, at the end of a relationship, the property is supposed to be divided between the parties on a 50/50 basis. This is not the case
