Family Law

It is no secret to those who work in family law that there is an obvious mad rush of work in the leadup to Christmas. The cause of this may now be clearer than ever after data experts discovered thattoday, 11 December, is the most common day for people to break up....

One of the primary objectives of the Court in parenting matters is to determine what the best interests of the children are and to make orders to that effect. In some circumstances, an Independent Children's Lawyer ('ICL') will be appointed. An ICL is a lawyer who...

What is a prenup? Prenup is a colloquial American term for a prenuptial agreement - an agreement entered into by people who intend to marry. In Australia, a prenup is known as a Binding Financial Agreement (or BFA), however most people will still refer to these...

Parents in dispute in the Family Court are usually ordered to get a family report, but not all family report writers are the same. A Family Report provides the court with an independent assessment of the issues in the case for the judge about child/children of the...

It is becoming the 'bread-and-butter' in Family Court proceedings that parties use print outs of text messages, emails and social media posts in their Affidavits. One judge recently said in Court, "It never ceases to astound me how many litigants in [the Family Court...

A question we frequently get asked by clients is whether or not they are in a de facto relationship.  Unlike a marriage, which has a formal piece of paper that identifies that the parties were married on a particular day, it is rare that there is any formal document...

You may have heard that government introduced “My Health Record” as an online summary of health information for every Australian commencing in 2018.  My Health Record provides you with access to your health information from any computer or device, as well as allowing...

What is a "prenup"? A "prenup" is a colloquial American term referring to an agreement entered into by people who are proposing to marry. The aim is to exclude either of them going to the Family Court if they ever separate, "protecting" by stating how in the "good...

Most of our clients, after divorce, wish to leave their assets to their children or new partner, not the ex. This is particularly so if you have been to the Family Court to resolve how to divide up the assets – you don't usually want to give even more of the net...

The Family Court has four areas that it deals with Property settlement; Spousal maintenance; Parenting matters; and Divorce Divorce  - it has nothing to do with property settlement. The term ‘divorce’ is often used as a blanket term by people going through a...

It's not called "Custody" There have been a series of changes to the law since the mid-1990s which have led to the modern emphasis being on a child's right to have a meaningful relationship with both their parents. There is no longer an emphasis on the old fashioned...

When you and your partner are considering separation, it is important to make decisions about the parenting arrangements for your children. You need to ensure that any arrangements are in the best interests of the children but also realistic and sensible.  As every...

Marriage equality is at the forefront of many Australians minds. There has been debate surrounding whether de facto couples receive the same legal benefits as married couples in Australia. The short answer is, no! The most fundamental right that not all de facto...

Are you separated and you want to relocate your residence with your children? Or has your partner relocated with your children without telling you? Family situations change. It may become necessary for you to move your residence. There are many reasons for this, such...

When a relationship ends, it is important to be smart about how and when financial connections are severed. Although every family’s financial circumstances are unique, you should consider whether anything on the following checklist is relevant and requires action....

In 2008, the law was changed to give people in same-sex relationships the same rights and responsibilities as people in heterosexual relationships. The Family Court has greater powers, including recognising parents of children born through artificial conception...

Since 1 March 2009 de facto couples across Australia have had substantially the same rights and liabilities as married couples in relation to financial and property settlements. Once a relationship becomes a de facto relationship, a Federal Court has the power to...