Oceania: Family and Matrimonial

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

Navigating property settlement after separation in Victoria involves understanding how courts divide assets, liabilities, and financial resources between former spouses or de facto partners. The process considers financial and non-financial contributions, future needs, and the impact of family violence to reach a just and equitable outcome under the Family Law Act 1975.

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?