Toomey Family Law

02/06/2026

Are your assets really protected in a separation?

Many people assume that if assets are held in a trust, company structure or self-managed super fund, they are automatically protected if a relationship ends.

The reality is more complex.

In family law, the Court does not simply look at the name of the structure. It looks at the purpose, control and reality of how that structure operates.

That means family trusts, companies and SMSFs may still be considered when determining the overall property pool.

Even superannuation, including SMSFs, is not invisible in a property settlement. It may be split, offset against other assets, or treated differently depending on the circumstances, but it still needs to be properly disclosed and considered.

For high-net-worth couples, business owners and families with complex financial structures, early advice can make a significant difference.

Understanding how the Family Court may view your assets is the first step in protecting your position and making informed decisions.

Read more in this article:

Family trusts, companies and SMSFs in divorce - learn how the Family Court really treats ‘protected’ assets in property settlements.

31/05/2026

Family violence law is continuing to evolve across Australia.

Tasmania’s proposed reforms are another reminder that domestic and family violence is not always about one isolated incident. Often, it is a pattern of behaviour over time.

Coercive control can involve fear, isolation, financial control, monitoring, intimidation, threats, damage to property, humiliation, or the gradual erosion of a person’s independence and safety.

Queensland has already criminalised coercive control, but the broader question remains relevant across all states:

How do our laws, courts and support systems better recognise the lived reality of abuse?

The shift we are seeing nationally is important.

Family violence law is moving away from asking only, “What happened on that day?”

It is increasingly asking, “What has been happening over time?” That distinction matters.

If you are experiencing family violence, early legal advice and support can help you understand your options and take steps towards safety.

If you are in immediate danger, call 000. For confidential support, contact 1800RESPECT on 1800 737 732.

New laws designed to strengthen family violence protections in Tasmania include an extension to the statutory limitation period for coercive control offences, and a "nation-leading" levy which would be paid by offenders.

30/05/2026

As Australia enters one of the largest intergenerational wealth transfers in history, inheritance is no longer just an estate-planning issue.

It is increasingly a family law issue, too.

For high-net-worth couples in Queensland, inherited wealth can add significant complexity to separation, particularly where there are trusts, business interests, investment properties, blended families, adult children, succession plans or wealth intended for future generations.

Many people assume an inheritance will automatically remain separate.

That is not always the case.

Depending on the circumstances, inherited wealth may become part of the

broader financial picture in a property settlement, or be considered when assessing each party’s future financial position.

The timing of the inheritance, how it was used, whether it was kept separate, the length of the relationship, and the needs of each person can all become relevant.

For families with significant assets, the stakes can be high.

Poor planning can lead to disputes not only between separating spouses, but across generations, particularly where adult children, second marriages, family businesses or expected inheritances are involved.

This is why early, strategic advice matters. For high-net-worth families, separation is rarely just about dividing assets. It is about protecting value, managing risk, preserving family wealth where possible, and making clear decisions about the future.

If you are navigating separation involving inheritance, complex assets or intergenerational wealth, our team can help you understand your options with discretion, clarity and care.

30/05/2026

By the time a couple separates in their 50s, 60s, or beyond, their financial lives may be deeply interconnected through business interests, trusts, investment portfolios, property holdings, superannuation, inheritances, estate-planning structures, and intergenerational wealth.

For high-net-worth couples, the complexity is rarely limited to the family home.

By the time a couple separates in their 50s, 60s or beyond, their financial lives may be deeply interconnected through business interests, trusts, investment portfolios, property holdings, superannuation, inheritances, estate planning structures and intergenerational wealth.

There may also be adult children, succession plans, future care needs and family expectations to consider.

Unlike separation earlier in life, there may be less time to rebuild wealth or restructure financial arrangements from the ground up.

This is why older-age separation is rarely just about dividing assets.

It is about protecting long-term security, preserving value where possible, and making clear, strategic decisions about the next stage of life.

Security. Independence. Clarity.Dignity and a workable future.

If you are considering separation later in life, or need advice about a complex family law property matter, our team can help you understand your options with discretion, care and strategic clarity.

toomeyfamilylaw.com.au

29/05/2026

If you have decided to try and come up with a personal arrangement based on your own family’s personalised needs, you may wish to consider engaging a mediator to assist in the process, or use the CSA Estimator to help calculate a base for discussion. These calculations do not take individual need, and are an average based on earnings. They also don’t take into account extras like large medical bills.

There are two ways to formalise your private child support arrangement.

These are:

1/ Limited Child Support Agreements and

2/ Binding Child Support Agreements

Read more on how to deal with child support issues and other financial matters in a divorce here:

Pragmatic advice and guidance on Family Law matters It is an issue that can incite the most conflict in a separation, eliciting deep emotional reactions and turbulence – the financial welfare and maintenance costs of...

24/05/2026

For parents, reading a Family Report can be an emotional experience, it’s deeply personal and may highlight challenges that are difficult to face. Leisa Toomey and Laura Dodds, explore what to expect, how to process the information, and why these reports play such a crucial role in parenting matters.

Laura Dodds is a single expert witness and an appointed family consultant for the family and Federal Circuit Court of Australia. She has over 20 years of experience in undertaking forensic social science risk assessments and working with individuals and families who've experienced trauma, substance misuse, domestic and family violence, parental separation, and mental health issues.

📺 Watch the short clip now or our full interview available on YouTube.

Facilitator: Laticia Braving

https://www.youtube.com/watch?v=ZBOReMiSrz8

For parents, reading a Family Report can be an emotional experience...

24/05/2026

Have you explored the Toomey Family Law YouTube channel?

It is home to a growing library of resources, including interviews with industry professionals, our team, and well-known figures sharing their personal experiences and insights.

Whether you are looking for guidance, perspective or a deeper understanding of family law issues, our channel offers thoughtful conversations and valuable information in an accessible way.

We invite you to take a look and explore the resources available.

Youtube

22/05/2026

Alternative Dispute Resolution offers a more measured and often more cost-effective path through separation.

As explored in our latest article, processes such as mediation can help parties resolve parenting, property, child support and other family law issues without immediately moving into litigation. When approached with preparation, respect and a genuine willingness to negotiate, mediation can give both parties greater control over the process and the outcome. It is also typically far less expensive than going to court, where costs can escalate significantly and the emotional toll is often much higher.

The Federal Circuit and Family Court of Australia has made clear that, where it is safe to do so, litigation should be a last resort. That is why genuine attempts at dispute resolution are so important in modern family law matters.

At Toomey Family Law, we understand that the right path is not always the most adversarial one. In many cases, strategic, well-managed dispute resolution can help preserve time, resources and peace of mind while still achieving a strong outcome.
Read more in our article.

Understand mediation costs versus court costs when navigating a relationship breakdown and how to decide what’s right for you.

21/05/2026

Please join us in wishing a very happy birthday to Erika Giles.

Erika is a valued part of the Toomey Family Law team and brings such warmth, care and professionalism to the work she does. Her calm support and thoughtful approach help clients feel informed, supported and at ease during challenging times.

We are so grateful for all that Erika brings to our team and wish her a beautiful birthday and year ahead.

20/05/2026

A recent ABC article highlights a reality increasingly shaping modern family law: some separated couples are continuing to live under the same roof, not out of choice, but because housing has become so unaffordable and inaccessible.

The article notes divorce applicants reporting this arrangement rose from 15% in 2020–21 to 19% in 2024–25.

It is a timely reminder that separation is not experienced in a vacuum. Housing pressure, financial constraint and parenting complexity are now deeply influencing how families navigate the end of a relationship. In many matters, legal strategy must account not only for rights and entitlements, but for the practical reality that moving on is not always immediately possible.

At Toomey Family Law, this reflects an important shift in modern cases: the need for advice that is not only legally sound, but measured, realistic and responsive to the pressures families are actually facing.

Experts say more separated couples are continuing to stay under the same roof because housing is too expensive or scarce.