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Historically, our pets have been treated as personal property in the family courts. Even though most of us would regard our pets as being akin to our children, the court has not yet made laws which are consistent with the realities of this emotional bond. Some recent changes in the Family Law Amendment Act 2024 (Cth) however, have now recognised “companion animals” as their own [...]
Going through a relationship breakdown is never easy. It can create waves of emotion, leaving you unsure of what to do next. At a time like this, making decisions about your future, especially legal ones, can feel daunting. Getting help and guidance through the divorce process makes it more manageable. The only stipulation for divorce in NSW is that a couple must already be separated [...]
Understanding Property Settlements In Australian Family Law Property settlement in Australia is the legal process of dividing assets, money, and debts following a divorce or de facto separation. The Family Law Act 1975 (Cth) provides a framework for determining how property should be divided, taking into account the length of the relationship, the contributions made by each party, and the future needs each partner may [...]
The Federal Government has put forward proposed changes to parts of the Family Law Act 1975 (Cth) (the Act) that will influence how property settlements between separated couples are determined, introducing the Family Law Amendment Bill 2024 (the Bill) on 24 August 2024. The Bill’s aim is to clarify the court’s process when defining the parties’ property entitlements and codifying principles decided in case law [...]
The law regarding pets in New South Wales is largely confined to the Prevention of Cruelty to Animals Act and the Companion Animals Act. You may have noticed that specific dog breeds such as Corgis, Rottweilers, and Boxers now have long tails, unlike the docked or cropped tails that were common some years ago. This is because it is now illegal to dock or crop [...]
When a marriage or de facto relationship ends, one important consideration for both parties is financial support. In Australia, spousal maintenance refers to payments made by one spouse or partner to the other to help support them after separation. This guide will help you understand your rights and obligations when it comes to spousal maintenance, outlining key factors such as eligibility, types of maintenance, how [...]
In a significant legislative advancement, the New South Wales (NSW) government has enacted the Crimes Legislation Amendment (Coercive Control) Act 2022, which introduces a comprehensive framework targeting coercive control and abusive behaviour within intimate relationships. The Act amends the Crimes Act 1900 to include a new Division 6A, specifically targeting abusive behaviour towards intimate partners. Under Section 54D, the legislation establishes a precise offence for [...]
In parenting matters, conducted in the Federal Circuit and Family Court of Australia (Court), ensuring the voice of the child is heard in a safe and age-appropriate way is important. The Court must determine what arrangements are in each child’s best interests and in doing so, one of the factors it considers is any views expressed by the child. Although children do not appear in [...]
Since the introduction of the Federal Circuit and Family Court of Australia (which replaced the previous Family Court system in 2021) there has been a greater focus on trying to resolve a dispute through mediation before approaching the Court and also once parties are participating in the Court system. It is now a requirement that parties attempt to engage in a dispute resolution process such [...]
The Family Law Amendment Act 2023 (Cth), assented to on 6 November 2023, brings significant changes to the law in relation to parenting and the way in which the Federal Circuit and Family Court of Australia (the Court) will determine parenting disputes. Most of the changes to the law will apply from 6 May 2024. The government says it is aimed at making ‘Australia’s family [...]
