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We know that navigating separation, divorce and property settlements can be complex and confusing, so we’ve put together a quick FAQ on some of the basics for you!

As we enter the new year, many individuals find themselves reflecting on relationships and contemplating change. In January each year at Aitken Partners, we often see a spike in separations, as individuals grapple with a desire for a fresh start and consider their family dynamics during the holidays. New year resolutions and a heightened focus on family can magnify existing issues and lead to difficult decisions.

In Hartman v Commissioner of State Revenue [2022] VCAT 28 The Tribunal affirmed the Commissioner’s assessment of “double duty” in circumstances where the named purchaser sought a planning permit to subdivide the property before nominating two companies (as trustees of trusts associated with him) to take one title each at settlement.

We understand that the Christmas period can be stressful for families, and you don’t have to face it alone. If you need assistance during this time, please reach out to us. Whilst most law firms are closed, we are contactable on 03 8600 6016.

On Friday, 1st December 2023, Aitken Partners celebrated a remarkable milestone, 100 years of law. For a hundred years, we have stood by our clients as their trusted legal partners, fostering enduring relationships built on trust, respect, and unwavering support.

Understanding spousal maintenance when a party is unable to financially support themselves adequately can be a maze to navigate. There are a number of factors taken into consideration by the Court, with one crucial element being the future needs of the involved parties.

We are proud to announce that our brilliant Aitken Partners team has won the Grand Final of the Victorian Women Lawyer’s (VWL) Warren Moot. The Grand Final took place on 20 November in the Banco Court of the Supreme Court of Victoria.

An Intervention Order (IVO) is a civil Order made by the Magistrates Court for the protection of a person. An IVO can help protect you and your family from anyone who is violent or makes you feel unsafe.

Victorian employers already have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible under the Equal Opportunity Act 2010.

As part of the Closing the Loopholes legislation contracts will not be allowed to be for a fixed term of longer than 2 years. This includes contracts which can by agreement be extended beyond 2 years. Nor can fixed term contracts be extended more than once, even if the total period is for less than 2 years.

Mortgage Brokerages like all businesses must protect themselves and ensure that they have comprehensively drafted contracts to prevent the following:

In addition to the review of the Contract and Vendor Statement, it is also essential that a purchaser conducts their own due diligence. ‘Due diligence’ refers to the searches, enquiries and inspections that a buyer may undertake when considering whether to purchase a property.

Whether you are a first home buyer or experienced property investor, one of the first steps you should take when purchasing a property is to have the Contract of Sale and Vendor Statement reviewed by a property lawyer.

It is expected in Australia that both parents have an obligation to financially support their child(ren) after a separation or divorce. Whether you are paying or receiving child support, payments can be a significant concern for parents going through a separation so it is important you understand your rights in relation to child support.

I am not sure why, but there seems to be some confusion amongst people that they need to be separated for 12 months before they start the process for a property settlement after separation in Victoria. This isn’t correct. As I have previously mentioned, you need to wait 12 months after separation to get divorced but not for a property settlement.

While caveats provide an affordable and effective option to parties to prevent registered landowners from engaging in unauthorised dealings inconsistent with a caveator’s right and interest in land, there are various risks of which parties and solicitors ought to be aware.

If you are relying on the proceeds from the sale of your property to purchase another, then you may require a simultaneous settlement. This is a common situation where you arrange for the settlement of your current property and the settlement of your new property to happen at the same time.

The State Taxation Acts and Other Acts Amendment Bill 2023 (“Bill”), introduced into the Parliament of Victoria on 3 October 2023, proposes several amendments to Victoria’s taxation laws.

Once your property is sold, you and the purchaser will need to agree on a settlement date. During this period, the vendor is still the registered proprietor of the property and, subject to any contractual arrangements to the contrary, is responsible for keeping the property maintained.

An encumbrance is an interest in a piece of land by someone other than the registered proprietor. Encumbrances place limitations on a property and may affect how a property can be used and developed. Examples of encumbrances include mortgages, easements, covenants, section 173 agreements and caveats.