All publications relating to ‘Family Law’
Divorce — FAQs
Am I eligible to apply for divorce in Australia? If you want to apply for a divorce in Australia either you or your spouse need to have some connection with Australia. Usually this means that at least one of you: regards Australia as your home and intends to live here indefinitely; or is an Australian…
My bags are packed, I’m ready to go. Should I stay or can I go?
In Brief After separation, it is not unusual for one party to want to move from the city or town in which the family resided, to another city or state – often to return to the parent’s own family of origin. This is called relocation in family law. In almost all…
Post separation financial contributions
The period between separation and the finalisation of a financial matter can be a matter of days (if both parties agree) or years (in the Family Law Courts, it is currently estimated that parties will have to wait 3 years before a defended final hearing). Generally speaking, the values of all assets and liabilities of…
Thinking of starting a family? Written consent may be the way of the future.
Some people plan a family in advance. Others may have it at the back of their minds for some time. IVF has become a far more accessible service in the last decade and what happens to frozen embryos if a couple separates is entirely dependent on the nomination they make at the time they…
“Buying food, drinks and women”; an assessment of parties’ conduct as it relates to family law
Parties who have been in a de facto relationship (heterosexual or same sex) or marriage and have separated sometimes ask if his or her (or the other party’s) conduct has any impact on their financial settlement. Common questions include: “Will I get more if my partner/spouse has cheated on me?” “Will I get more if…
Inheritances in Family Law
Say you have recently separated and no property or financial settlement has yet been finalised. You have a very elderly great aunt who is wealthy and to whom you have always been close. Your former de facto partner or spouse now wants you and/or your great aunt to produce the Will…
Cannabis and Family Law
Cannabis. Marijuana. Pot, Dope. Mull. Yarndi. These are all names for the most commonly used illegal drug in Australia[1]. Pursuant to the Department of Health’s general factsheets on cannabis[2], some of the physical effects of using marijuana may include drowsiness, temporary loss of memory, risk taking behaviour and an impaired…
Paying Expenses after Separation
Say you and your spouse/partner separate. There may or may not be children of the relationship. Prior to your separation either or both of you worked and your incomes were used to pay the family expenses. After separation you moved out. Who now pays the expenses you used to pay…
Separation, divorce, children & overseas travel — Preventing international parental child abduction
Did you know that Australia has one of the highest per capita rate of international parental child abduction in the world with more than 250 cases every year? In a multicultural country such as Australia, with an increase in the movement of families leaving Australia for work, parents and children having dual…
What happens when spouses split a business? 6 possible scenarios
The ‘clean break’ principle The Family Court’s position is that whenever possible, there should be a clean break between ex-spouses. This means a property settlement, with the combined asset pool being broken into two chunks. When the assets include a business, the property split can take place in a number of ways.1. Value of the…