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Most of us these days have some type of story of a marriage breakdown and are acutely aware how ugly they can sometimes become. Have you ever however considered the legal effect of the breakdown of a de-facto relationship and when the Courts will become involved? Under the Family Law Act a 'de-facto' relationship is defined as a couple "living together on a genuine domestic [...]
Few people would be unaware that Aretha Franklin died recently and that fans the world over have mourned someone who was acclaimed as a master of her art. Unfortunately, something that Aretha did not master was proper estate planning. It has been widely reported that she did not leave a Will despite advice from her attorney and repeated attempts by him to have her set [...]
Binding Financial Agreements, or BFAs as they are known in Australia, are less common, less certain than the American 'pre-nups' you likely know from movies. Since the recent 2017 High Court decision in Thorne v Kennedy questions have arisen as to their certainty if challenged in Court. In that case the appellant wife travelled to Australia to marry the wealthy respondent in a marriage initiated [...]
It's not just parents who can apply for parenting orders Mention the breakdown of a marriage where young children are involved and most people will have in mind the effect on children of separation from a parent and the distress that it can cause the parent who is not the day to day carer of the children. Less obvious is the effect of the marital [...]
If you are going through separation or divorce and would like to sort out your family dispute issues relating to your children and/or property, you may first wish to try Family Dispute Resolution to mediate the matter before going to Court. You should seek mediation which falls under the purview of Family Dispute Resolution (“FDR”). In a mediation process, a neutral party or a dispute [...]
The Child Support Agency (CSA) has the power to prevent a person who has failed to pay their child support liabilities from leaving Australia. A Departure Prohibition Order (DPO) will be made to stop a person from departing from Australia for a foreign country if: (a) the person has a child support liability; (b) the person has not made arrangements satisfactory to the Registrar for [...]
In order to obtain a divorce, you generally need to satisfy the Court that your ex-partner and you have lived separately and apart for at least 12 months. However, you may separate and continue to live in the same house as your ex-partner, being "separated under one roof". In those circumstances you need to provide additional information to the Court. If you are filing an [...]
When trying to work out what arrangements should be put in place for your child following separation, thought should be given to where the child will primarily live and when, where and how that child will spend time with the other parent during the week, on weekends, during school holidays and on special occasions such as birthdays, Christmas, Mother's Day and Father's Day. Consideration should [...]
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