Dividing assets after a divorce or separation is a difficult process. But a recent case highlighted the courts power to undo transactions where the assets were disposed of when a divorce or separation was only being “anticipated”.
A common misconception is that if assets are transferred prior to separation occurring (or even post separation), then assets are gone forever. This is usually done by the asset holder in an attempt to hide assets or try to defeat the claim of the other spouse or partner.
The Federal Circuit and Family Court of Australia have powers that can overturn or