As we become more digitally dependant, we also become more reliant on technology. We now live in a digital age, and with this, we have seen an increase in people holding assets referred to as ‘digital assets’. Digital assets are defined as files stored and held electronically, which exist as data and which have value.

In the recent case of Shephard v Galea & Byrne as Executors and Trustees of the Estate of the late Joseph Galea [2019] WASC 164, the Honourable Justice Kenneth Martin described the life of the deceased as an “almost perfect film script”.

It’s an unfortunate reality that cheating is a common reason for couples separating today. If cheating doesn’t immediately result in the end of a relationship, it often causes significant distrust which eventually leads to the breakdown of the relationship.

One widely held misconception in family law is that, more or less, all of the assets and liabilities of a relationship will be divided 50/50. Many new clients come to us with the first line “I know that the starting point is a 50/50 split but…” This is not the case.