Global Inheritance: Compassionate International Estate Planning

Dealing with overseas wills and inheritance is complex due to differing foreign laws, taxation, and international transfer issues, often at an emotional time. Falzon Legal provides experienced, compassionate guidance on international estate planning, helping beneficiaries navigate questions of domicile, tax liabilities (like CGT), and the division of foreign assets in divorce.

Why You Need a Specialist International Estate Lawyer
With Australia's diverse population, cross-border inheritance is common, but it magnifies potential hurdles compared to domestic estate planning. Dealing with these complexities is overwhelming, especially while grieving.

Key Obstacles in Overseas Estate Planning:

Questions of Domicile: Determining where the deceased and the beneficiary are officially resident is critical, as it affects which country's inheritance laws and taxes apply.

Foreign Legal Processes: Navigating differing legal systems, tax regulations, and the process of transferring funds or assets to Australia.

Liaising with Overseas Peers: Coordinating with foreign lawyers and executors can be confusing and time-consuming.

Falzon Legal carefully guides you through this maze with patience and proficiency.

Taxation and International Inheritance in Australia
Australia does not have an inheritance tax. Generally, if you can prove Australian domicile, the inheritance itself is untaxed by Australian authorities. However, the situation is not always simple:

On-Going Earnings: Income generated by the inherited overseas asset (like rental property or a business) after the date of death is subject to appropriate Australian tax. You may also be liable for tax in the country where the asset is located.

Capital Gains Tax (CGT): CGT can be triggered when you sell inherited assets in the future for a profit above their market value at the date of death. Even transferring cash from abroad to Australia can incur CGT if the exchange rate gain results in a larger Australian dollar amount than the market value at the date of death.

Overseas Assets in Divorce
If you are separating or divorcing, you must declare all inherited overseas assets as part of your financial matters.

The Family Court will generally consider these overseas assets, even if you feel your ex-partner has no claim to them. Factors that influence the court's treatment of the inherited estate include:

The timing of the inheritance relative to the relationship breakdown.

Whether the asset was kept separate or utilized jointly during the relationship.

The original intentions of the deceased.

We work tirelessly to safeguard your overseas inheritance during divorce settlements.

Falzon Legal: Global Expertise, Local Compassion
Our firm specializes in international estate planning across numerous regions, including Europe, the UK, and Asia. We reconcile the critical legal practicalities with the emotional toll of inheritance, providing continuous support and expertise. We liaise directly with overseas peers to secure the best outcomes while always delivering a human and considerate service.

Allow Falzon Legal to navigate you sensitively through your international estate planning matters. Call today.

Freezing Assets During Divorce: Your Legal Shield Against Malicious Financial Moves

In contentious divorces or separations, partners may try to hide, deplete, or dispose of shared assets to prevent their ex from receiving a fair share. This post explains the power of a Mareva Injunction (or freezing order) in Family Law, detailing the evidence required to freeze bank accounts and property, and advising on crucial, less adversarial alternatives.
The Risk: Why Assets Disappear During Separation

Divorce and separation are highly emotional periods. Under stress, a person may act out of malice or fear, attempting to liquidate or hide marital assets—cash, investments, or property—to frustrate a future property settlement.

To protect your financial entitlements from such actions, Australian Family Law allows for Injunctions, which are court orders that either forbid or require a specific action. The most frequent financial injunction is the Mareva Injunction, or Freezing Order.

Understanding Mareva Injunctions (Freezing Orders)
A freezing order is a serious step, not granted lightly by the Court. It effectively protects your assets by preventing your ex-partner from removing or disposing of them until a final Property Settlement is reached.

When is a Freezing Order Granted?
To apply for an injunction to freeze bank accounts or other assets, you must provide the Court with strong evidence proving:

An Argüable Case: You have a strong case for a future financial judgment (e.g., a property settlement entitlement).

Evidential Risk: There is a real and substantial risk that your ex-partner will dispose of or remove assets, which would prevent any future court judgment from being satisfied.

Reasonable Scope: The injunction must only cover the value of assets required to satisfy the likely judgment, causing "minimal disturbance" to the other party.

Contempt of Court: If a freezing order is granted, and your ex-partner violates it by removing funds or disposing of assets, they face serious consequences, including fines or imprisonment.

What is an Ex Parte Application?
In urgent cases where notifying your partner would prompt them to immediately dispose of assets, the Court can hear your application Ex Parte (from one party only). If granted, the order is issued without your ex-partner's knowledge until it is served, preventing them from accessing the frozen funds.

Alternatives to Adversarial Injunctions
While necessary in cases of extreme distrust, a freezing order is a highly adversarial move that can cause long-term resentment, especially if children are involved. Falzon Legal always strives for more peaceful and constructive solutions first:

Consent Orders: If you can reach an agreement (often through mediation) regarding the division of cash and assets, the agreement can be formalized into a Consent Order. This is legally enforceable under the Federal Circuit and Family Court of Australia (FCFCOA).

Binding Financial Agreement (BFA): This is a contract that details how assets will be divided upon separation or divorce. It can be made before, during, or after the relationship and removes the need for court intervention.

If you suspect your ex-partner is depleting shared assets, you must seek legal guidance immediately. Whether through a firm injunction or a peaceful agreement, protecting your assets is critical to securing your post-separation future.

The Clock is Ticking: How to Fight Back When Your Ex Delays Property Settlement

An ex partner delaying property settlement can cause financial harm and unnecessary stress. Learn why procrastination occurs, the delaying tactics they use (from stonewalling to hiding assets), and the immediate, proactive legal steps you must take to enforce a fair division of assets before strict legal deadlines expire.

Why Exes Stall: It’s Often Emotional, But Always Costly
When a former partner drags their feet during a property settlement, the reasons are often rooted in unresolved emotions—anger, reluctance to accept the breakup, or distress over losing the family home. However, some delays are tactical, aimed at frustrating you into accepting a lesser offer or attempting to shield assets (like a potential inheritance) from the final pool.

Whatever the motive, the consequence is the same: the delay harms your best interests.

Common Delaying Tactics to Watch Out For
Your ex may use a range of tactics—from simple refusal to complex legal manoeuvres—to slow down the settlement process:

Stonewalling: Simply refusing to communicate or being extraordinarily slow to respond to you or your legal representative.

Asset Concealment: Refusing to provide full disclosure of assets and liabilities, or actively trying to hide, dispose of, or transfer assets.

Manipulation: Using emotional coercion or blackmail to increase your stress and pressure you into compliance.

Legal Games: Frequently switching lawyers to prolong negotiations or unreasonably arguing over asset valuations.

The Downsides of Delay
While a partner may gain short-term emotional satisfaction from delaying the process, the procrastination often backfires, leading to:

Escalated Legal Costs: More time spent negotiating means significantly higher fees for both parties.

Increased Risk: Assets may be maliciously spent, debts taken on, or a market downturn could reduce the overall value of the asset pool before the settlement is finalized.

Court Action: Ultimately, excessive delays require expensive court petitions to force a resolution.

The Critical Deadline: Why You Must Act Quickly
The time available to formalize your property settlement is strictly limited by law:

Divorced Couples: You have only twelve months from the date your divorce is finalized to complete the property settlement.

De Facto Relationships: You have two years from the date of separation to finalize the property claim.

Missing these timeframes means you lose the automatic right to apply for a settlement, leaving your financial future unprotected.

How to Force a Resolution
If your ex is stalling, immediate action is required to ensure you receive your entitlement:

Engage a Family Lawyer: They will identify the stalling tactics and demand complete, timely disclosure from your ex.

Formal Mediation: The next step is usually to propose mediation to reach a formal agreement, such as a Consent Order or Binding Financial Agreement.

Court Application (FCFCOA): If your ex refuses to participate in mediation or continues to stall, your lawyer can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for a property settlement.

Do not accept unnecessary delays. Promptly engaging an expert Family Lawyer is the only way to safeguard your financial share, manage stress, and secure essential closure so you can move forward with your life.