It is difficult for a couple to determine how they will distribute joint assets if they are separating. A marriage lawyer generally is familiar with clients who are involved in voluntary separations where as a result there is a need to distribute the parties’ assets to allow for each person to move on. However, what about situations where the parties have not been involved in a voluntary separation? Maybe it occurred by reasons outside of the parties’ control. The facts in the High Court case of Stanford v Stanford gave an example of such a situation. It also adjusted the legal test for courts to apply when making a property order (s 79 Family Law Act 1975). [...]
