Divorce after Christmas

Separation and Divorce more Likely Post Christmas

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…

Read More

Wills and Estate Planning Affected by Marriage

How can Marriage Affect Wills and Estate Planning?

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?…

Read More

Binding financial agreements

Positives and Negatives of Prenuptial Agreements

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…

Read More

Pre-Action Requirements of Parenting Orders

Pre-Action Requirements of Parenting Orders

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…

Read More

Does the end of a relationship spell the end of business success?

In 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 More

There’s a 20-Year Divorce Itch Now?

We 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 More

Is A Court Order Really Necessary When It Comes To Children?

More 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 More

Are financial & homemaking contributions treated differently?

Following 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 More

Family Law Courts: here to help… but not that much?

There 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 More

Reaching an Agreement With Your Partner Without Going to Court

Going 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 More

Are Pre-Nups No Longer Worth The Paper They Are Written On?

The 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 More

Will My Partner Automatically Be Entitled To Half Of Our Assets If We Separate?

When 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 More

Child Support Agreements Explained

The 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 More

Husband’s Failure to Disclose Assets Costs Him Dearly

Our 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 More

Husband Keeps Pre-Marital Home And Wife Shares In His Debts

A 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…

Read More