All publications relating to ‘Family Law’
What’s in a name?
“I don’t believe a rose would be as nice if it was called a thistle or a skunk cabbage.” - LM Montgomery Changing an adult’s name In December 2015, Japan’s Supreme Court upheld a law dating back to the 19th Century that requires married couples to have the same surname. This law is still in…
School Holiday Time
“I have had a holiday, and I’d like to take it up professionally” - Kylie Minogue In 2006, amendments were made to the Family Law Act 1975 that required (amongst other things) the Courts to consider if parents should have equal shared parental responsibility for their children, and if so, whether…
Family law and caveats
According to the Real Property Act, a person who claims a legal or equitable estate or interest in land (‘caveator’) can lodge a caveat against the property of another (‘owner’). This usually happens in the context of separation when one party is not registered on the title and is fearful that the other…
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 be excluded from the property pool to be divided between the parties. This issue was dealt with in the recent case of Calvin & McTier [2017] FAMCAFC 125. The Full Court of the…
Thorne v Kennedy [2017] HCA 49
Background The parties met over the internet in 2006. Ms Thorne, an Eastern European woman, was 36 years old and was living in the Middle East. She had no substantial assets. Mr Kennedy was a 67 year old property developer, with assets worth between $18 million and $24 million. Ms Thorne relocated to Australia in…
No ring, not binding? De facto relationships and family law
When parties separate, whether they be married or in a de facto relationship, the same laws apply in relation to the division of their property. Since 1 March 2009, de facto couples and married couples have been able to apply to the Family Courts for Orders for the division of property. Here…
Relocating children overseas after divorce
In Brief As more families become “international” many are faced with the dilemma that on divorce (or separation) one partner wants to go “back home” with the children and the other wants them to stay here. This article outlines what to consider if you’re thinking about leaving Australia. Globalisation has led…
How to find a family lawyer and make the most of your first conference
In Brief Selecting a family lawyer is not a simple matter; you don’t take the first you find in your internet search. Preparation before your first conference with your lawyer can also ensure the conference is productive and you get the answers you are seeking. You should take time to select a lawyer best…
Death of ‘special contributions’
In Brief For a long time, there has been a debate in the family courts between those who believe that a court needs to recognise special and exceptional contributions and others who say there should be no recognition of such a beast. Those who don’t support it say that to recognise the existence of…
Spouse Maintenance — FAQs
In Brief- What is Spouse Maintenance? Spouse maintenance is money paid by one spouse or de facto partner to the other spouse or de facto partner, usually on a weekly or monthly basis, to meet his or her reasonable living expenses. How can I apply for maintenance? You are not automatically entitled to…