16 September 202613 min read
Parental Deposits in Family Law Property Settlement
Under section 79 of the Family Law Act 1975, a deposit from your parents counts as your contribution alone unless they intended to benefit both of you.
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Under section 79 of the Family Law Act 1975, a deposit from your parents counts as your contribution alone unless they intended to benefit both of you.
Under section 79 of the Family Law Act 1975, courts divide property by contributions and timing, not by title or relationship length, as these seven cases show.
Justin Sun has sued Jing Tian in China, demanding the return of a RMB 30 million bride price. How would the case be decided if it had happened in Australia? Sun and Tian had dated for only seven months. Sun transferred RMB 30 million (about AUD 6 million) to Tian for the purpose of a bride price, and when the relationship ended seven months in, he now wants the AUD 6 million back.
Under s 90G of the Family Law Act 1975, a financial agreement binds only if each party got real independent legal advice and signed statements were exchanged.
Under s 90SM of the Family Law Act 1975, repeated break-ups do not erase your contributions, and de facto contributions carry the same weight as a spouse's.
Contributions do not stop at separation. Under s 79 of the Family Law Act 1975, courts weigh what you earned and what you did for the family after you split.
Section 14G of the Electronic Transactions Act 2000 (NSW) allows witnessing by video link, but wills and affidavits still cannot be signed electronically.
You do not need compelling circumstances to get litigation funding. Strahan asks only that the order is appropriate and the money can be squared up at trial.
Section 79 sets no 50/50 starting point. Real orders run from 50/50 after a 29-year marriage to 95/5 after 16 months, driven by contributions and future needs.
Section 79 of the Family Law Act does not say an inheritance is off the table. How much of the pool it makes up matters, but it is not the only thing the court looks at.
Under section 60CC(2)(b) of the Family Law Act 1975, courts must consider a child's views, but the weight depends on age, maturity and how genuine they are.
Under section 79(4) of the Family Law Act 1975 an inheritance is not quarantined in divorce. Timing and each spouse's contributions decide the split.
A mental health diagnosis alone does not decide custody. Under section 60CC of the Family Law Act 1975, courts weigh actual risk and capacity to care.
Under section 117(7B) of the Child Support (Assessment) Act 1989, child support can be assessed on your earning capacity, not the income you reduced it to.
Under section 117 of the Child Support (Assessment) Act 1989, you can change a child support assessment on 10 grounds, free via Services Australia or in court.
Under section 88D of the Marriage Act 1961, an overseas marriage legal where it happened is valid in Australia, unless exceptions like underage marriage apply.
Australian courts treat fabricated abuse claims as emotional abuse of the child. In Bielen & Kozma [2022] and Syms [2021] residence moved to the accused parent.
Under section 60CC of the Family Law Act 1975, courts order no contact when family violence, abuse risk or carer trauma makes any time with a parent unsafe.
Under section 72 of the Family Law Act 1975, courts order spousal maintenance based on need and capacity to pay; in reported cases, spousal maintenance amounts generally fall between $120 and $600 a week, usually for 1 to 3 years.
Under section 72 of the Family Law Act 1975, spousal maintenance turns on one spouse's need and the other's capacity to pay, plus the section 75(2) factors.
Under ITAA 1997 s 126-5, a transfer to your spouse defers CGT, but courts only deduct future CGT from the pool when a sale is inevitable.
A family law subpoena for trust documents fails as a fishing expedition unless the records have apparent relevance to a real issue in your property case.
A foreign court order blocks an Australian property claim only if it specifically dealt with the same assets and the foreign court had authority over them.
Under s 23B(1)(d)(i) Marriage Act 1961 only narrow fraud voids a marriage; s 94 bigamy triggers criminal referral and up to 5 years imprisonment.
A testamentary trust is a trust built into your Will that activates on death. Under ITAA 1936 s 102AG it lets minor beneficiaries be taxed at adult rates.
Under section 72 of the Family Law Act 1975, courts assess your real earning capacity, not just current income, so a spouse who can work but won't can lose.
Under sections 123A and 124 of the Child Support (Assessment) Act 1989, courts order lump sum child support only when periodic payments would fail the child.
Under section 44(3) of the Family Law Act 1975, a fresh spousal maintenance claim is time-barred 12 months after divorce, but reviving a prior order is not.
Under s 94 of the Marriage Act 1961, remarrying while a previous marriage is still valid is bigamy, even if accidental, with up to 5 years imprisonment.
Under section 79 of the Family Law Act 1975, Australian courts reach overseas assets unless Australia is clearly inappropriate or a foreign order settled them.
Under s 75(2) of the Family Law Act 1975, Australian courts award spousal maintenance to stay-at-home parents whose earning capacity is reduced by childcare.
Under section 66E of the Family Law Act 1975, courts only order child support via narrow carve-outs: section 117 departures, non-periodic orders, or lump sums.
Under section 79 of the Family Law Act 1975, a large initial contribution still counts years later if it stayed the foundation of the asset pool.
Under section 90K(1)(e) of the Family Law Act, an Australian BFA can be set aside for unconscionable conduct at signing, not for a bad bargain after the fact.
Section 90K of the Family Law Act 1975 lists narrow grounds to set aside an Australian BFA, and a fall in asset value alone is not one of them.
Under s 124 of the Child Support (Assessment) Act 1989, Australian courts can order lump sum child support into a trust if periodic payments are unreliable.
Under section 117 of the Child Support (Assessment) Act 1989, courts treat inheritance as financial resource and weigh real debts before ordering school fees.
Under section 66L of the Family Law Act 1975, Australian courts grant adult child maintenance only if it is necessary for education or a disability.
A perfected gift cannot be clawed back under Australian law. A man lost $913,015 and a Mercedes, and under s 4AA Family Law Act 1975, was not de facto.
Under s 90K Family Law Act 1975, Australian courts can set aside a BFA for procedural defects, vitiating factors, child hardship, or uncertainty.
Morris (No 7) [2024] split a $740M asset pool 75/25; Australian courts hold that big pools do not shrink the value of non-financial contributions.
Under section 79(4), courts assess all contributions equally. Hoffman [2014] FamCAFC 92 confirmed no rule of law recognises special contributions.
Under s 44 of the Family Law Act 1975, you have 12 months after divorce or 2 years after de facto separation to apply. Courts can grant leave for late claims.
Under s 79 of the Family Law Act 1975, three options can force a stalled settlement: mediation, court proceedings, or asset protection like caveats.
Under the Bankruptcy Act 1966, a trustee can only claim your spouse's divisible property. Assets in your name are safe unless a constructive trust is proven.
Under section 79 of the Family Law Act 1975, Australian courts divide property using a four-step process based on contributions, future needs, and fairness.
Under section 79, Australian courts treat homemaker and financial contributions equally in large asset pool divorces. Pool size does not justify a bigger share.
Under sections 79 and 90SM of the Family Law Act 1975, marriage does not create a caveatable interest, but caveats remain practical tools to freeze property.
Under section 79 of the Family Law Act 1975, courts can order a spouse to bear sole responsibility for hidden debts or indemnify the innocent party.
Under the Ebner test, apprehended bias requires a fair-minded observer to reasonably fear the judge is not impartial. Unfavourable rulings alone are not bias.
Under section 79, Australian courts can assess contributions by dollar amount rather than percentage. In large pools, the method can shift results by millions.
Under House v The King principles, you can only appeal a family court property decision if the judge made a specific legal, factual, or discretionary error.
Under s79(8) of the Family Law Act, an executor can continue property settlement after a party dies, but only if the case was filed before death.
Under section 79(2) of the Family Law Act 1975, Australian courts can refuse to divide property if splitting would not be just and equitable.
Under the Family Law Act 1975, courts order breath tests and supervised visits for alcoholic parents. Rehab completion alone won't restore custody.
A spouse's bankruptcy adds the trustee as a third party, but under s 79 of the Family Law Act 1975, you can still claim your share of the property.
Under the Kowaliw principle, a failed business or investment is not wastage unless the court finds reckless or wanton conduct in the decision-making process.
Under section 60CC of the Family Law Act 1975, courts assess how parental alcohol abuse affects the child's best interests and can reduce custody to supervised contact.
Under section 60CC of the Family Law Act 1975, courts weigh children's wishes based on maturity, not age. No fixed age gives a child the final say.
Under s 79 of the Family Law Act 1975, courts can adjust property splits for delayed sale losses, but only with proof of a direct causal link.
Gambling losses only count as wastage under the Kowaliw principle if the court finds economic recklessness or a deliberate act to reduce the asset pool.
After separation, you still need to spend money to live, but some spending can affect the final property settlement. How do Australian courts tell reasonable expenses apart from wasting assets?
Australian courts can draw adverse inferences, award 100% of assets, and order cash payments when a spouse hides assets in property settlement.
Add-backs are abolished. Australian courts now handle wasted assets through percentage adjustments, not phantom money on the balance sheet.
What evidence do courts look at when your ex is turning your child against you? Expert reports, coached statements, texts, and behavioural patterns explained.
Asset dissipation and trust enforcement in divorce: how s106B and Part VIIIAA protect your property settlement.
Can a family trust shield assets from divorce? Learn how Australian courts classify trust property in settlements.
Inherited family trusts may still count as property in divorce if the court finds effective control, regardless of how many generations the trust spans.
How do Australian courts identify puppet trustees and test independent will in family trust divorces?
Sole divorce in Australia: how to serve divorce papers, prove service and meet response deadlines.
When a trust counts as a financial resource, s75(2) adjustments can shift your settlement ratio by up to 30%.
File a contravention application when parenting orders are breached. Process, fees, evidence explained.
What penalties apply when a parenting order is breached? Learn about the penalty tiers, sentencing factors, and when imprisonment may apply.
An AVO is a court order protecting individuals from violence, stalking, or intimidation under NSW law.
How Australian courts identify parental alienation and protect children's relationships through custody reversal.
How Australian family courts resolve school disputes between separated parents — parental responsibility, best interests, and what happens when parents disagree.
Complete guide to filing a joint divorce in Australia: legal requirements, 12-month separation, timeline, fees and documents.
How do Australian courts handle asset add-backs for gambling, reckless investments, and post-separation spending?
When can you legally break a parenting order in Australia? Learn about the reasonable excuse defence with real case studies.
When does separation legally begin? Can you divorce while living together? Understand separation under one roof.
Reading about family law is a great start, but every situation is unique. Contact us for personalized legal advice tailored to your specific circumstances.