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ARTICLE · 23 MARCH 2020

Predatory separation, elder abuse and property settlements

Determining whether a person has the legal capacity to decide to marry, live together or separate is a complex matter.

AustraliaFamily and Matrimonial

It is widely acknowledged that the average age of our population is increasing, while divorce is also on the rise. The good news is that many people who have previously been through a divorce or separation often go on to have second or third marriages or de facto relationships. However, as a couple grow older there can be a failure of the mind and body, which means that one or both might require supported care accommodation.

It is often in these situations that family law practitioners are seeing the rise of applications for a divorce or property settlement where one party asserts that they are separated, while the other party believes the relationship is still intact, despite their physical separation.

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