The coronavirus (COVID-19) has brought additional stress and uncertainty to many families involved in co-parenting which, by its nature, can be stressful enough. School closures, state and territory border closures, additional pressure on healthcare workers and providers of essential services, job loss, and isolation all pose significant challenges to those families with shared parenting arrangements. […]
Marriage, divorce and your Will – what you need to know About half of all Australians do not have a valid Will. Of those who do, many put their Will away in the bottom drawer of their filing cabinet and never think of it again. But making a Will is not a once in a […]
Many family law property settlements are reached through negotiation which can be formally documented through a binding financial agreement or consent orders. If agreement cannot be reached amicably a party may need to initiate Court proceedings seeking that the Court make orders for the division of the parties property. No matter how a property settlement […]
Families and money can sometimes be a volatile combination. That is never more so than when separation and inheritances are concerned. When is an inheritance an asset for family law purposes? The simple answer is “almost always”. But the answer is not always simple. Why is an inheritance an asset? When a separating couple needs […]
Following a separation parents do not have to go to Court about the care arrangements for their children. As a matter of principle we encourage our clients to reach an agreement if possible without the need to resort to the Family Law Courts. Parents who are able to reach an agreement regarding care arrangements for […]
Many couples separate on good terms, which is great. The breakdown of a relationship can be difficult, however putting differences aside to move forward can be beneficial, particularly where children are concerned. Former partners who remain on good terms may choose to make informal arrangements regarding the division of their property. However, the failure to […]
Social media – Facebook, Instagram, Twitter, Snapchat and the like – can be a lot of fun and have become an accepted part of modern life. Many of us use such forms of electronic communication to share the exciting, as well as the banal events in our lives, to express our views and to stay […]
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 […]
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 […]
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 […]