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19/11/2019
In property matters the Family Court of Australia or Federal Circuit Court may need to consider what the parties contributed to the property pool after separation to decide how property should be divided. These post separation contributions can be direct financial contributions, indirect financial contribution or contributions for the welfare of the family.
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16/10/2019
The Family Court or Federal Circuit Court (Court) will apply the same approach to the division of property between husband and wife or de facto partners regardless of whether the marriage or relationship is a long relationship or a short relationship. A short relationship is generally thought to be one which is less than 5 years in duration. Though the Court takes the same approach there are differences in the way the Court applies the same principles as between a short relationship and a long relationship. The outcome for the party who brings in or contributes the least in a short relationship, will be less generous.
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02/10/2019
The Family Court of Australia recently considered competing Applications for an increase in payment of weekly periodic maintenance and an Application to terminate or at least reduce the amount of weekly payment. This was in the case of Bodilly v Hand Family Court of Australia 2019. In this case the Court set out relevant issues that arose in those proceedings. In this case the former husband had been paying his former wife spousal maintenance for many years.
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25/09/2019
The Family Law Act 1975 has as its base a “no fault” concept. The Family Court will generally not make Orders on the basis that one party to the proceedings is the “innocent party”. This applies in both divorce and property matters. The position in parenting cases is more complex. Some marriages and relationships are affected by Family violence. The Court has been reluctant and slow to take into account the existence and impact of family violence when determining what is “a just and equitable” property division between spouses/partners.
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04/09/2019
The Family Court of Australia/Federal Circuit Court of Australia will divide property on a just and equitable basis and will look at the contributions of each spouse/partner and will also determine whether there is a need for adjustment in favour of one or other of the partner/spouse.
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06/08/2019
The Family Court can order the division of matrimonial property and this can include debts. Section 79 of the Family Law Act 1975 gives the Court power to alter the interests of the parties with respect to the property of the parties to the marriage and this can and usually will require debts to be taken into account.
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27/05/2019
The Family Law Act provides a procedure for continuation of Family Law proceedings between a husband and wife (or de facto couples) in circumstances where one of the parties dies prior to the conclusion of the proceedings. The continuation of proceedings means exactly that – there has to be a case in the Court commenced prior to the death. Family Law proceedings cannot be commenced after the death of the husband or wife. It is too late to commence proceedings once the death has occurred.
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13/05/2019
It is generally thought that the parties to Family Law Proceedings would be the husband and wife. This is not always the case as there may be circumstances where a “third party” comes into the proceedings by either: being brought into the proceedings by the husband or wife; or the third party intervening in the proceedings by seeking an order that they be joined to the proceedings as their rights or obligations are likely to be affected or the subject of orders made by the Court.
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01/05/2019
Often one or other partner to a marriage or de facto relationship operates a business either a small business or a larger business. Sometimes one and sometimes both the partners to the relationship are involved in the business.
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09/01/2019
Since 2002 the Family Court of Australia and the Federal Circuit Court of Australia has had the capacity of making Orders splitting the superannuation entitlements of parties to a marriage (and subsequently) for people in de facto relationships. This allows for flexibility in achieving property division and can achieve a result where the superannuation “poor” party receives a split in his or her favour. That sounds simple but there are pitfalls that can occur if the superannuation split is not documented properly and in accordance with the Regulations.
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06/01/2019
In the discussion of property and related financial matters, the Family Court and/or the Federal Circuit Court of Australia considers the available pool of net assets (and the value of the net value of assets) at the time of the hearing and other relevant matters.
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27/12/2018
In Family Law property divisions and parenting disputes it is often thought that the only method of resolving these disputes is to commence proceedings in the Family Court of Federal Circuit Court of Australia and get the Judge to decide.
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19/12/2018
The sale of an asset as part of a Family Law property settlement; or an Order of the Family Court of Australia or Federal Circuit Court for sale of an asset can trigger a liability to pay Capital Gains Tax (CGT). It is not the case that the tax is paid by both parties in equal shares.
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20/11/2018
The Family Court and Federal Circuit Court apply a process for determining division of property. This process generally involves a pooling (adding together the value of all the property and deducting the liabilities from that value) then based on the net value and all the relevant factors involved in determined the appropriate division of the property by dividing the property and liabilities between the parties.
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06/11/2018
The Family Court and Federal Circuit Court of Australia are empowered to divide property between spouses and partners following breakdown of marriage or de facto relationships. The Court needs to divide property on a just and equitable basis. To achieve this, the Court will need evidence of the value of property it is being asked to divide.
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02/11/2018
The Family Court of Australia and the Federal Circuit Court of Australia make Orders in relation to Property and Parenting Applications. Some parties can resolve their dispute by way of negotiation and consent. Consent Orders can be made to the Family Court or Federal Circuit Court.
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22/10/2018
The Full Family Court of Australia recently had the opportunity to consider once again the issue of the significance of financial contributions made by one party at the commencement of the relationship to the outcome of a property division decided by the Court many years later.
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15/10/2018
Watson & Watson recently resolved a complicated property matter. The matter was settled at Mediation following a long and hard fought period of litigation between separated spouses.
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07/09/2018
What happens to the family home at the time of separation and in the long run is in most cases, the central issue in a Family Law property matter?
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25/07/2018
When a marriage or a de facto relationship ends the parties will need to achieve property division. Property includes money in the bank, real estate, shares, investments and superannuation. It is usually the case that the parties will each have superannuation entitlements. The division of superannuation entitlements is important in property division.
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10/04/2018
In a recent case conducted by Watson & Watson on behalf of the Husband in the Family Court of Australia, the Husband who had less assets and resources than the Wife became the effective winner in the case.
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12/03/2018
In cases of a marriage breakdown or separation of de facto couples Watson & Watson take particular care to ensure that a division of property is a final and once and for all settlement. It is essential to ensure that no future claims can be brought against you by a former spouse or partner.
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09/03/2018
The Family Court can make Orders in a property settlement case where the pool of assets available for division includes money that was awarded in damages to one or other of the parties to the marriage because they suffered a personal injury. It might be presumed that the Family Court would not touch compensation moneys received by a person as a result of an injury that they had suffered. Why would the Court take away my compensation money?
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20/02/2018
In the last few years it has become increasingly common in matters coming before the Family Court of Australia and the Federal Circuit Court of Australia to use social media postings such as Instagram, Facebook and Twitter as evidence; this may be helpful but can also be harmful.
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05/02/2018
Often when married spouses or de facto partners separate numerous issues will arise and in particular, if the parties are living in separate jurisdictions or have assets or interests in separate jurisdictions.
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21/12/2017
Watson & Watson often receive enquiries as to spousal maintenance and whether an application can or should be made for spousal maintenance. Similarly we receive many enquiries as to whether a Spousal Maintenance application should be defended.
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19/12/2017
In the recent decision of Thorne v Kennedy in November 2017 the High Court of Australia heard an Appeal from a decision of the Full Court of the Family Court of Australia. The Full Court had heard an Appeal from a Single Judge of the Family Court. The High Court decision in November 2017 will have a significant effect on the usefulness of Pre-Nuptial Agreements and Binding Financial Agreements entered into during a marriage or a de facto relationship.
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04/12/2017
Often we receive enquiries in relation to waste in family law matters and how it can be minimised. At Watson & Watson we have senior experienced Solicitors who can advise you and consider the cost benefit analysis. Generally if the asset pool is known (as is in most cases) it is relatively easy to provide a range of outcomes that are likely at a hearing.
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29/11/2017
On many occasions couples have run a successful business together over a period of many years and thereafter their personal relationship breaks down. It is a difficult time especially when both parties have invested many hours of work in the business to achieve the success that it has.
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13/10/2017
At the time the relationships breakdown it may be thought that the property division will be relatively easily achieved and will be amicable. “I only want what is fair”.
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01/08/2017
The identification and the valuation of assets (other than minor assets for which an assessment [and hopefully agreement] can be made) and liabilities is a fundamental and necessary step that needs to be achieved in order to put a party (either in a de facto relationship or marriage) to a family law property matter in a position to ascertain the value of the asset pool.
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25/07/2017
In a recent case of Waterman in 2017 the Full Court of the Family Court considered this aspect amongst others issues that arose. We have elsewhere dealt with different matters referred to in the Waterman case in particular the effect of the failure of one party to provide full financial disclosure and the disastrous consequences of such failure.
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29/05/2017
The valuation of assets and liabilities is a fundamental and necessary step that needs to be achieved in order to put a party to a family law property matter in a position to ascertain the value of the asset pool.
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18/01/2017
Often we are faced with questions as to what action can be taken by one party or another when the real estate owned by the family is in one name and not in both names.
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11/01/2017
Usually in family law matters and de facto property division matters there are two people (for example the husband and the wife) who are parties to the dispute.
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19/12/2016
The Court must divide property between husband and wife and partners so that the outcome is fair and equitable.
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08/11/2016
The Family Lawyers at Watson & Watson act for many clients and there are many enquiries as to the numerous aspects following separation. One of the aspects, sometimes the most important and sometimes not the most important, is that of property settlement and the adjustment of the property following separation of a husband and wife to a marriage or parties to a de facto relationship (including same sex relationships).
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01/09/2016
Parents commonly provide financial assistance to their children to enable them to purchase a property. Frequently those children are in a relationship, and the money becomes intermingled in that relationship. What happens when the relationship breaks down and a property settlement is inevitable?
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04/08/2016
Watson & Watson, Richard Watson and Dennis Grant regularly act for individuals who have significant assets and wealth. In a recent case Watson & Watson acted for the Husband in a dispute that arose following the breakdown of a marriage of nearly 30 years duration.
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28/07/2016
In a recent case in 2016 parties who had commenced living together in about 2002 and separated raised the issue as to whether an amount of $90,000.00 (which was a significant amount having regard to the other assets) should be added to the property pool.
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21/07/2016
Often the family lawyers at Watson & Watson act for clients who are faced with the question of how the Family Court will deal with waste or negative contributions in relation to the resolution of property settlement following separation of a husband and wife of a marriage or parties to a de facto relationship (including same sex relationships).
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14/07/2016
Watson & Watson often receive enquiries and provide advice in relation to whether proceedings should be conducted in Australia or in other countries throughout the world. There are advantages through some jurisdictions and disadvantages in other jurisdictions, depending upon what issues are in contention and what is the factual matrix of the relationship and financial matters.
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16/06/2016
Watson & Watson recently acted for Madeline in a property matter. A settlement of the property division between Madeline and her husband Jonathan was achieved.
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26/05/2016
A fundamental part of Family Law so far as property division is concerned is the provision by each party of the full and frank financial disclosure. In property proceedings, each party must provide to the other full and frank financial disclosure.
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17/05/2016
Following Richard Watson being instructed and re-focusing initially by Tina and thereafter as a consequence, refocusing by Lisa as to what was the desired outcome of each of the parties, when Richard Watson was initially instructed the parties had spent about $1,000,000.00 on legal costs and associated matters.
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12/05/2016
In all cases where there is property careful consideration must be given to what are the tax implications of any agreed settlement or the structure of the Order of the Court in a disputed matter.
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05/05/2016
Binding Financial Agreements deal with financial circumstances and consequences and arrangements between parties.
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28/04/2016
In a recent case in December 2015 the Full Court of the Family Court of Australia upheld an Appeal against the decision of the initial Judge in the Family Court of Australia. The initial Judge set aside a Binding Financial Agreement which had been signed by the parties.
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30/03/2016
Watson and Watson received an enquiry from Robert in late 2015 in relation to the division of property following his separation from his wife in September 2015. The Husband and Wife each of whom were employed professionally were married for approximately 5 years before separation.
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04/02/2016
In Family Law matters involving property allocation between parties to a marriage or parties to a de facto relationship following dissolution the parties often they come to "agreements" as to the allocation of the assets and other related matters. It is a great pitfall for the agreement not to be properly documented.
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21/01/2016
The Family Court or the Federal Circuit Court where there is a breakup of a marriage or de facto relationship which deals with issues relating to property considers many issues we have indicated in other articles.
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08/01/2016
On many occasions Watson & Watson who are experienced Family Law Lawyers are approached by parties involved in distribution of property following breakdown of their marriage or de facto relationships. Questions arise as to how the Family Court will deal with property held by a Trust. The Court deals with the issue depending on the exact nature and circumstances of the Trust.
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07/12/2015
Watson & Watson receive enquires and instructions in relation to matters where parents of one or other of the parties have provided money to assist the married or de facto couple. This often occurs when the couple seeks to purchase a matrimonial home or funds to commence a business. In the event that the relationship breaks down there is most often a debate as to how these funds are to be considered by the Family Court. There is a fundamental difference.
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30/11/2015
Joanne approached Richard Watson an experienced family lawyer of Watson & Watson after separating from Paul after 20 years of marriage. Joanne and Paul had numerous discussions including mediation as to the possible division of the assets of the marriage before approaching Watson & Watson. However, the matter could not be resolved.
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23/11/2015
Watson & Watson were consulted by Mary who needed advice in relation to how to achieve a division of property following a breakdown of the marriage to James. James and Mary are Australians but met in and married in New Zealand in 2000.
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16/11/2015
Superannuation spilt between either married couple or de facto partners.
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09/11/2015
Not all superannuation entitlements can be split. We will advise you in relation to all alternatives in relation to your superannuation and the superannuation of your spouse or de facto partner.
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19/10/2015
Watson & Watson received instructions from Ralph after his marriage had broken down. The husband and wife had been married for many years and had 3 children, 2 of whom had left school and were adults. The assets consisted of the family home, a business owned by the husband, wife and extended family and numerous property holdings including the land from which the business operated and various home units mainly relatively low value home units throughout Sydney.
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12/10/2015
Watson & Watson act for Sally. Robert and Sally had been married for 10 years and have two children aged 6 and 9. They both live in the house owned by them in joint names. The house is a large house and there is a mortgage to the bank.
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20/08/2015
The Family Court and the Federal Circuit Court are the Courts that hear and determine applications for property division. These Courts can also approve Orders agreed on by parties. These are known as Consent Orders. Time limits apply to applications for property division and maintenance Orders.
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12/08/2015
As part of the process the Court determines what are the assets available for distribution between the parties and what are the valuations of those particular assets.
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11/08/2015
When a marriage breaks down, there are extensive rules governing how the assets of the marriage are to be divided between the parties to the marriage. The assets to be taken into consideration in the division of the assets of the parties includes a business in which one or other or both have an interest.
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10/08/2015
Taylor’s case in the Full Court Family Court reviewed numerous previously reported cases and observed the following.
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09/07/2015
The importance of properly considering offers made to you and properly considering offers to be made by you to the other party to resolve either particular issues or the whole of proceedings between the parties.
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02/07/2015
In cases decided under the Family Law Act the general principal is that the Court does not make an order that one party to the proceedings will pay the other party’s costs of the proceedings. Usually each party is to pay their own legal costs. However, there are exceptions to this general principal. Section 117 of the Family Law Act provides the circumstances in which the Court may order one party to pay the other party’s costs.
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19/05/2015
Margaret and Bob met in 2005. Margaret had been previously married and owned a house in which she lived and which was fully paid off. Bob moved in to the Margaret’s house.
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12/05/2015
Maria approached Watson & Watson solicitors following the breakdown of her marriage with Sam and becoming concerned that Sam was taking steps to dispose of the assets of the marriage.
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16/03/2015
George had been married to Nadia for approximately 16 years. Nadia’s parents had provided significant financial support during their marriage. The support was provided significantly through Trusts that had been set up by Nadia’s parents for them and their children. The Trusts were discretionary and were completely controlled by Nadia’s parents. Nadia had no entitlement to capital and was at best, a discretionary beneficiary.
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05/02/2015
Mark approached Watson & Watson following the breakdown of his marriage with Gail. Mark and Gail had agreed to allocation and distribution of the matrimonial property. Mark was concerned that once the settlement had been effected that he protect himself from further claims.
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27/01/2015
Karen approached Watson & Watson for advice a long time after a property settlement with Court Consent Orders with her former husband, Peter. Karen was very concerned that property which she was aware of, had not been included in any financial disclosure by Peter at the time of settlement. This property was “family owned”, Peter denied that it was his property.
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06/01/2015
Craig approached Watson & Watson in relation to the breakdown of his same sex de facto relationship with Donald following their separation in 2013. Donald and Craig had been in the de facto relationship since 2002 and lived in Sydney.
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30/12/2014
Jenny approached Watson & Watson for advice on spousal maintenance following separation from Ross whom she had been married to for 20 years. Watson & Watson were able to negotiate an interim spousal regime so that Jenny had sufficient funds to live on pending resolution of the property issues. Jenny remained in the former matrimonial home with the 3 children.
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14/12/2014
Paul and Mary want to get married. Paul is 52 and Mary is 46. Both have been married before and have had property settlements with their former partners, both own their own house and have other assets including savings and shares. Paul has an investment property. Both have children from their first marriages.
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19/07/2014
Property cases have four components: identifying and valuing the asset pool and financial resources, assessing contributions, FLA s. 75 (2) factors and the just and equitable principles. Financial disclosure obligations apply to all matters in issue in the proceedings, and often that can be all four components.
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19/07/2014
More and more third parties are finding themselves involved not just as witnesses but as parties to litigation in the Family and Federal Magistrates Courts. This paper addresses some of the practical issues which may arise in such cases.
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19/07/2014
An application for a property settlement can be made at any time after separation but must be made within 12 months of a divorce.
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19/07/2014
Getting divorced is a traumatic experience – especially if there are children involved.
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04/06/2013
Watson & Watson received instructions after a matter had been listed for hearing where approximately $1 million had been spent by the parties for legal and forensic accounting fees. The proceedings were not ready for hearing. One party in particular was more focused on attacking the other which in effect was self-destructive to the relationship and conducive to a prompt resolution.
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