Relationship difficulties and breakdowns are a sad reality of modern life. Difficulties can arise in any relationship – with your spouse or partner, your former partner, adult children, a work colleague, even between flat mates. Relationship difficulties or breakdowns can sometimes involve actual or threatened violence. At times of stress or when emotions are running […]
Surprisingly, many people do not know what their legal rights are if they are questioned by a police officer. It is important for everybody to understand these rights, particularly teenage children, young adults or those who may be vulnerable. The way a person reacts to police questioning can have a significant impact on how the […]
It is important for everyone over 18 to have a Will to make sure their wishes are followed and their assets are distributed as they would want after they die. If you don’t have a Will your assets will be divided according to how the law dictates in the rules of intestacy, that is, when […]
Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements in a property settlement and the assets they are likely to retain. This is only natural given that Family Law is a complicated and emotional area of law which is […]
Just because your name is not on the title of property does not mean that you cannot protect your interests in it. It is possible to place a caveat on the title of a property in Victoria when you have an interest in the property. It is really important that you do place a caveat […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]