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Family trusts in family law: when are they considered “property”?

Understanding control, beneficial interest and the significance of Caldwell & Caldwell [2026] FedCFamC1A 81. Family trusts have long been used in Australia to preserve wealth across generations, protect assets and manage tax outcomes. But when a relationship breaks down, the question becomes sharper: can trust assets be treated as “property” in family law proceedings? The Full Court’s decision in Caldwell & Caldwell reshaped the answer. It puts the spotlight on who controls t

Binding Financial Agreements: Are they worth the paper they are written on?

Are binding financial agreements help to improve Relations between two Parties in Australia? The answer is yes! Well if they are done properly anyway. It is a common misconception that Binding Financial Agreements / Prenuptial Agreements are simple contracts between two people that must be followed when the agreement comes into effect. It is widely believed that all that is required for a written agreement to binding two parties to a relationship is that a lawyer witness th

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