The process of separating and/or getting a divorce can be traumatic for everyone, but when children are involved, working out parenting arrangements can significantly add to the stress, complexity, and burden. While Australian family law requires the consideration of equal time between separated parents and their children, there are reasons why sometimes that does not…
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Separation and divorce can be one of the toughest and most chaotic events in peoples’ lives and the last thing you may want to have to deal with is a copious amount of paperwork. However, in Family Law, there are particular timelines involved with separation and divorce and delaying the process of sorting out the…
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Having to separate with your long-term partner after your lives have become so intertwined over the years is never an easy thing to deal with. Having built a family where children are involved; however, brings with it a whole new set of complexities. As all parents know, the roles and responsibilities that come with parenting…
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There’s a stigma that dad’s don’t get a fair go when it comes to family court. Most people think that the female spouse gets more entitlements and advantages. This can be frustrating, and heartbreaking for fathers who are staring down a long, drawn-out court case so they can fight for custody or the entitlements of…
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The death of a loved one is a challenging time. Finding out your loved one’s will wasn’t up to date, or that their will instructions are oddly uncharacteristic of them only adds to the emotional toll. During this stressful time, it can be beneficial to seek the advice of an estate lawyer who can handle…
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It’s no secret that the family law courts are congested, slow and expensive. Alternative dispute resolution processes, such as family mediation, provide a solution for families affected by separation or divorce outside of the court system. What is family mediation? Formal family mediation involves disputing parties and a family mediator or family dispute resolution (FDR)…
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Family law cases for many years have been intensely private matters, but what was once private is now commonly publicised on social media. Those engaged in family law disputes should be aware that what they share online can now make its way into the courtroom too. In family law proceedings, courts are beginning to accept…
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Separation and divorce are more often than not very troubling and stressful times in a person’s life. To cut through the chaos, here is an approximate timeline to help guide you through separation to divorce. The divorce timeline can look like this: 1. Separation period: this period must last a minimum of a year from…
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Inheritance can be treated in different ways when it comes to splitting the asset pool. Some receive an inheritance during their relationship, some during the separation period, and some after the divorce is finalised. When an inheritance is received by a married person, it is likely they will naturally share it with their immediate family,…
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Superannuation is designed to provide for a person when they retire, and for many, it is a reflection on years of hard work. During the course of one’s working life a percentage of pay is deposited into a superannuation fund, and while that percentage may go largely unnoticed, it all adds up in the…
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The decision to end a marriage begins with separation. Separation generally occurs where both parties agree the marriage is over, or elsewhere one party communicates to the other that the marriage is at an end. A clear indication separation has occurred is where couples start living in separate houses; however, couples can still be…
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When a couple decides to go their separate ways, attention is often given to how their assets will be split. The burning question becomes ‘who gets what?’ Opposing parties are quick to claim what they believe is rightfully theirs, but when it comes to debt, the separating parties aren’t so eager to claim it. The…
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A property settlement is rarely black and white, and it can sometimes seem that a personal injury payout only serves to complicate the issue. Before we look at how a personal injury payout is treated in a property settlement, it is helpful to understand how a property settlement is determined. How is a property settlement…
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Upon the breakdown of a marriage or de facto relationship, the couple will inevitably need to divide their assets and liabilities (such as the family home and mortgage) by entering into a family law property settlement. The assets and liabilities available for distribution, referred to as the “matrimonial property”, include all property in each party’s…
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It should be the season of happiness, family and all that jazz, but the Christmas period can see many relationships pushed to the brink. School is out, and family time isn’t optional. Rather than address the issues at hand, many couples choose to see out the holidays and deal with their relationship in the new…
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When you make the decision to say ‘I do’, wondering how it may affect your will and your estate in the future probably isn’t at the forefront of your mind. However, marriage can have a huge impact on your will, regardless of the duration or nature of the union. When does marriage affect your will?…
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What is a Pre-Nuptial Agreement? A prenuptial agreement, or prenup as they are commonly shortened to, is a legally binding financial agreement created before or during a marriage or start of de-facto relationship commences. In Australia, prenups are often referred to as Financial Agreements, Binding Financial Agreements, or BFAs. In theory, if the marriage or…
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Settlements during divorce usually revolve around the distribution of any assets in the family home. Part of the decision of how to split these assets is based on direct and indirect financial and non-financial contributions made by the couple. The outcome depends on specific considerations which change from case to case. The Courts will take…
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When two parents separate, arrangements must be made for the present and future needs of any children from the relationship under 18 years of age, which can include: With whom the child should live The time a child will spend with each parent The parental responsibility allocated to each parent The amount paid for child…
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Family Law litigation aims to determine how each party conducts itself lawfully after a family separation. This often has to go through the Federal Circuit Court (or Family Court for some more serious and complex cases) due to a breakdown in relationships, or a battle over custody, finances or assets. Before any party can commence…
Read MoreIn today’s business world, spouses and family members engaging in and running businesses together is common practice. From your local corner store or green grocer to your franchise chains and multimillion dollar trading businesses, it is becoming more and more commonplace for spouses and / or extended family to enter into these business relationships together….
Read MoreWe have all heard of the “7-year itch” but research conducted by The Australian Institute of Family Studies (AIFS) has illustrated a current trend being dubbed the “20-year itch”. As the “20-year itch” fuels a mid-life marriage breakdown, the AIFS has found the risk of divorcing after 20 years of marriage has more than doubled…
Read MoreMore so than not, a court order is necessary in regards to where children should live and how much time they should spend with their parents following their separation. That is invariably the case in high conflict matters, or where child safety issues exist. Where uncertainty sometimes arises as to the need for a court…
Read MoreFollowing the dissolution of a long term marriage or relationship, as family lawyers, we see time and time again one spouse claiming that because they were the primary ‘breadwinner’ or financial contributor, they should be entitled to a greater percentage when it comes to a division of the matrimonial asset pool. A recent matter –…
Read MoreThere has been much discussion over recent months in relation to the depths of involvement the Family Law Courts are being asked to take in litigation of family law proceedings. A father, with equal shared parental responsibility, filed an application before the Federal Circuit Court seeking orders the mother of their child ensures that the…
Read MoreGoing through a separation with your partner can be a very stressful time, more so if there are children involved. It is vital that you seek out support within your community to help you through this challenging time and expert advice from a lawyer specialising in Family Law. You will have to make hard yet…
Read MoreThe High Court of Australia’s recent decision on 8 November 2017 in Thorne & Kennedy [2017] HCA 49 declaring what is commonly referred to as a Binding Financial Agreement (“BFA” or “pre-nup”) be set aside has gotten many people into a spin, particularly high net worth individuals who either have a BFA or might be…
Read MoreWhen it happens, the breakdown of a marriage or de facto relationship takes an emotional and physical toll on couples and their families involved. During this challenging time people can often get caught out not paying attention to the important practicalities like who gets what and how much. There is a common misconception that when…
Read MoreThe law relating to child support was put into place to ensure that children are adequately supported by both parents and recognises they have an obligation to financially support their children. For most parents, child support will be determined for them in a child support assessment, issued by the Commonwealth Department of Human Services. However,…
Read MoreOur client came to us after discovering that her ex-husband had failed to disclose over $100,000 during their property settlement. In addition, he had failed to comply with the consent orders for the transfer of a property into the wife’s sole name. The husband was adamant that he would only offer 50% of the undeclared…
Read MoreA recent matrimonial property case, in which our client was successful, shows the importance of proving contributions in short relationships and showing the court that debts incurred after separation can – if argued properly and skilfully – be included in the parties’ joint balance sheet. Our client, the husband and father, had been married to…
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