All publications relating to ‘Family Law’
Family Law | What is Superannuation Splitting in Family Law?
When couples separate, there is often confusion about whether superannuation becomes part of the property pool to be divided. The short answer is yes. Superannuation has always been seen as a different kind of asset to, for example, the matrimonial home. However changes to the law in 2002 allow the Family Court to…
Family Law | Relationship breakdown: how do we sort out maintenance?
Working out how the everyday expenses will be met is one of the biggest challenges for people when they separate from a relationship. Worrying about how to manage short-term finances can result in parties trying to delay separation because one or both parties cannot imagine how they will be able to…
Family Law | Top 5 ‘Did you knows’ about getting a divorce
1/ Did you know that you do not actually need the consent of your former spouse to get a divorce? In New South Wales, you can apply for a divorce together (with your former spouse) or by yourself (sole application). There are different obligations in each case particularly with respect to service so…
Family Law | It’s mine, I got it after we broke up
In family law disputes it is a common misconception that an inheritance or other large sum received after separation will not be included in the property pool to be divided between the parties. The issue has been highlighted in many cases before the Family Court including inheritances, lottery wins and other ‘windfalls’…
Family Law | Spouse maintenance: 10 frequently asked questions
What is spouse maintenance? Spouse maintenance is money that is paid by one party to a marriage or de facto relationship to the other party, to support them financially after separation. It can be paid as agreed between the parties, otherwise the Family Court can order payment either periodically (such as…
Family Law | I want to relocate with my child — can I go?
Following separation, one of the parties may to want to move to another city or interstate. Sometimes this is triggered by an offer of employment; sometimes it is a desire to return to the parent’s own family, and at other times it might be just to get away from the old…
Family Law | A word about gifts in your family law property settlement
Weddings, engagements, birthdays, Christmas … at some stage most of us will make a generous gift to a loved one. It could be cash for a house deposit, a car, a lovely piece of jewellery or a valuable family heirloom. This article looks at how the Family Court and Federal Circuit Court have treated different kinds of…
Family Law | What the Family Court merger means for separating couples
Families going through separation may be aware of recent news announcements about changes to the Family Court system and the likely impact this will have on parents and children. The Family Court of Australia and the Federal Circuit Court of Australia have issued a joint statement about the merger of the two…
Family Law | Arbitration vs Mediation, weighing up what is right for you
There are various options available to assist parties to resolve their Family Law dispute outside of litigation, including mediation and arbitration. This article provides an overview of both options to assist you to consider what may be suitable to resolve your dispute. Arbitration Family Law Arbitrations have been available to parties…
Meritas — An Introduction to Temporary Changes Affecting Businesses in Australia and New Zealand
Looking for business and legal guidance regarding COVID-19 updates and programs in Australia & New Zealand? This document has coverage across the region with member firms who are here to assist. Please visit any of the COVID-19 resource materials for more comprehensive updates. View here…