Australia: Family and Matrimonial

Subscribe
Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.
Article
Tax In Family Law Settlements: CGT And Division 7A
Separating couples often overlook the tax implications of property settlements, only to face unexpected capital gains tax liabilities years later when assets are sold. With the 2025 amendments to the Family Law Act fundamentally changing how uncrystallised CGT liabilities are treated, understanding the interplay between tax law and family law has become critical to preserving the real value of a settlement. This analysis examines how strategic tax structuring at the point of settlement—including CGT r
Australia Family
BP
Bartier Perry
Article
Giving It Away To Keep It Safe: What A Recent Court Of Appeal Decision Means For Protecting Your Estate From Family Disputes
Many parents worry about what will happen to their hard-earned assets after they die. Some worry, in particular, that one of their children may challenge their will and unravel the careful plans they have made. One approach (but fairly extreme strategy), is to restructure assets during their lifetime, transferring property or control of family trusts to a trusted child so that there is less in the estate for anyone to fight over. But can those lifetime transfers themselves be unwound later, on the basis that the parent was taken advantage of?
Australia Family
BP
Bartier Perry
See more

Related Country Guides

PC
Private Client

Family Law

Article
Tax In Family Law Settlements: CGT And Division 7A
Separating couples often overlook the tax implications of property settlements, only to face unexpected capital gains tax liabilities years later when assets are sold. With the 2025 amendments to the Family Law Act fundamentally changing how uncrystallised CGT liabilities are treated, understanding the interplay between tax law and family law has become critical to preserving the real value of a settlement. This analysis examines how strategic tax structuring at the point of settlement—including CGT r
Australia Family
BP
Bartier Perry
See more

Divorce

See more

Wills/ Intestacy/ Estate Planning

Article
Giving It Away To Keep It Safe: What A Recent Court Of Appeal Decision Means For Protecting Your Estate From Family Disputes
Many parents worry about what will happen to their hard-earned assets after they die. Some worry, in particular, that one of their children may challenge their will and unravel the careful plans they have made. One approach (but fairly extreme strategy), is to restructure assets during their lifetime, transferring property or control of family trusts to a trusted child so that there is less in the estate for anyone to fight over. But can those lifetime transfers themselves be unwound later, on the basis that the parent was taken advantage of?
Australia Family
BP
Bartier Perry
Article
Costs Capping In NSW Family Provision Claims - Your Costs May Not Be Recoverable In Full
The NSW Supreme Court is increasingly capping legal costs in family provision proceedings, especially in smaller estates. Two recent Supreme Court decisions, Lord v Craig [2026] NSWSC 17 (Lord) and Re Estate Weinberger [2026] NSWSC 158 (Weinberger) illustrate why the Court is taking control of legal costs in family provision cases and the likely impact on parties and practitioners involved in those cases going forwards.
Australia Family
BP
Bartier Perry
See more

Latest Videos

See more