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Articles

Do I have to give my former partner all of my bank statements?

Generally speaking, under Family Law in Australia, each party has an obligation to provide full and frank disclosure of their financial position. However, what forms part of this disclosure can be a complex question. For example, are the requested documents relevant? How many years worth of documentation is being requested? If you have been requested […]

Could you be a victim of family violence and not know it?

The problem of family violence within Australia is well publicised, as evident from national awareness days such as White Ribbon Day. However sadly despite such campaigns the problem remains widespread with statistics showing that one in three women have experienced physical and/or sexual violence by someone known to them and one in four children are […]

SPOUSAL MAINTENANCE

What is it? The Family Court of Australia has provided the following definitions: 1. Spouse maintenance is financial support paid by a party to a marriage to their former husband or wife in circumstances where they are unable to adequately support themselves. 2. De facto partner maintenance is financial support paid by a party to […]

Same Sex Relationships and Parenting

The initial presumption under the Family Law Act 1975 (Cth) (‘The Act’) is that a child’s two legal parents are the woman who bears the child (the birth mother), and the male partner of the birth mother (the birth father) if there is one. These are generally the people who are recorded on the child’s […]

Can I change Final Orders if they no longer work for me and my family?

The law recognises that circumstances are subject to change, and what was once the best option for the family at the time of making the Final Orders may no longer apply. Where this occurs, an application must be made to the Family Court of Australia or to the Federal Circuit Court of Australia, to change […]

What are the differences between married and de-facto under family law?

Historically Historically there were significant differences between the rights of couples who were married and couples who were not. Changes were made in the Family Law Amendment (De facto Financial Matters and Other Measures) Act 2008 however that significantly altered the law (notably superannuation). Prior to this, only those couples who were married were able […]

How do I know what split I will receive?

Half the angst of ending a relationship is determining who gets what in the split. Dividing up a life together is messy and controversial. The ultimate question people want answered however is, what percentage am I getting overall and how do I get more? The following article provides an overview as to how this split […]

How long will it take? Time frames in family law

Quite often people believe a lawyer will finalise all the paper work and have everything executed within 1 day to settle their property matters and parenting issues. This is not the case. People are often surprised when we tell them it will take a few months, even when both parties agree to the property division […]

Not Playing by the Rules – What to do when your former partner is not complying with a Court Order

When parenting or property orders are made, each person must follow the orders. If one person has not complied with an order, you should seek legal advice before deciding what to do. In summary you have a few options where your former partner is breaching court orders. 1. We can write a letter to your […]

Superannuation in Family Law

When one thinks of property decisions made pursuant to the Family Law Act 1975, a vivid and clear image is summoned: orders for the division of property that will finally determine the financial relationship between parties. We’ve heard it a million times before – the wife gets the boat and the luxury car collection, the […]

“I want a divorce” – What next?

One of the hardest choices a person may have to make in life, is separating from their spouse. Even harder is the decision to apply for a divorce, ending the marriage and accepting that it has broken down irretrievably. We understand that divorce is more than a legal process, but a difficult and important life […]

Family Violence Intervention Orders and your Family Law Matter

Family law is known as being a volatile area of law. Trying to decide who gets the kids and for how long can often turn into a bitter battle which runs into court. Once in court, an impartial judge with no personal knowledge of any of the people in the matter attempts to decide the […]