All publications relating to ‘Family Law’
Separation Post COVID 19 – Relocation of children and the importance of planning now
Separation is tough! Especially when there are children involved but add a pandemic into the mix and it is next level. In these uncertain times it may feel as though you have little control over your separation particularly if you are wanting to move with the children. With the COVID-19 restrictions easing…
COVID-19 | Spousal Maintenance Applications and Modification of a Spouse Maintenance Order
The health and economic chaos caused by COVID ‑19 has already proven to be far reaching in Australia and throughout the World. The overall economic impact and evolution of the virus is still unknown. Australia, for now, appear to have deflected the devastating health crisis experienced in other countries, however…
COVID-19 | Too much time together….are you thinking of leaving the Family Home?
Social distancing and travel restrictions during the COVID-19 pandemic is creating stress on families. This stress is heightened significantly if you want to separate from your partner. If you find yourself in a position when you cannot take it anymore and want to leave the family home, it is important that…
Parenting arrangements during COVID-19
The phrase ‘unprecedented’ has been used consistently in the recent weeks and this is particularly true for Family Law in the midst of the COVID-19 outbreak. As Australia’s policies continue to evolve each week, many separated parents who have children moving from one household to another are facing increasing confusion. The Court…
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…
Cyber or Online Abuse During and After Separation and Helpful Tips
Technology facilitated violence and abuse is a serious issue. When people separate it is not uncommon for a disgruntled spouse to turn to social media such as Facebook to vent their unhappiness. But when does the use of social media in this manner become something more? In this publication, we discuss Cyber Abuse…
Disagree with a valuation by jointly instructed single expert? What not to do!
The Family Law Act 1975 (Cth) sets out the general principles the Court will consider when determining financial disputes after separation. The general principles are the same regardless of whether the parties were married or in a defacto relationship.The first question the Court needs to determine in an application for property…
Mediate, collaborate or litigate — resolving your Family Law matter
There are a number of ways in which you can resolve your financial and parenting issues after a relationship breakdown. The first and least expensive way to resolve these issues is to discuss them with your partner and attempt to come to an agreement. You should obtain legal advice before attempting to resolve the…
How are pre-relationship assets treated in a property settlement? Are they included or excluded?
After separation the parties to a marriage or a defacto relationship are entitled to seek a division of assets of the relationship. The assets of the relationship include all assets held jointly or individually whether they were acquired prior, during or after the relationship. It does not matter which partner paid for the…
What happens to children on the death of a residential parent in the context of divorce and separation
There is no automatic right for the surviving parent to have the care of children after the death of the residential parent. On the death of a residential parent the parenting order that specifies that the children would live with them ceases. Most parents have joint parental responsibility, so it is…