All publications relating to ‘Family Law’
Relocating children after divorce — When is it okay?
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…
Spouse maintenance — frequently asked questions
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. How can I apply for maintenance? You are not automatically entitled to be paid maintenance. You can ask your…
Divorce — frequently asked questions
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…
What prevents people from being able to reach an out of court settlement?
In Brief — Why are people unable to reach an out of court settlement? The two main reasons why separating couples are unable to reach an out of court settlement are unrealistic expectations and decision making being clouded by emotions. Unrealistic expectations When one party has unrealistic expectations about their entitlements, responsibilities…
What happens regarding child visitation rights when blended families divorce?
The blended family (step-family) In a blended family, commonly known as a step-family, one or both partners have children from previous relationships. So what happens if the blended family then breaks down? Does the stepparent have visitation rights with their stepchild? Step-parents have rights Under the Family Law Act (Cth), children have a right to…
Relationship breakdown checklist — what should you do if you separate?
Financial steps to consider Check all joint accounts and home loan redraws. Change PINs and passwords. Withdraw surplus funds or restrict access. Speak to your bank. Check all joint credit accounts, including credit cards, store cards and overdrafts. Restrict access or cancel cards and get new ones. If you do not have a bank…
The three most important things you should do when first separating
In brief — What to do when you’ve just separated The three most important things to do are see a family lawyer, look after yourself and keep communication with your spouse friendly. See a lawyer Make an appointment to see a family lawyer. The best way to get the answers that you need is to…
Relationships Register in New South Wales — What you need to know
In Brief From 1 July 2010, couples in New South Wales are able to register their relationship with NSW Registry of Births, Deaths & Marriages. Who can register their relationship? All couples in a committed exclusive relationship can register, regardless of their gender. Neither party can be married or be in another relationship that is…
Family trusts after Bamford
On 30 March this year, the High Court dismissed the appeal by the Commissioner of Taxation against the decision of the Full Federal Court in the Bamford case. This is a landmark decision for trust law in Australia. This was the first time that the High Court had been approached to consider…
Guardianship Tribunal Applications — What you need to know
The Tribunal Pursuant to the Guardianship Act NSW 1987, the Guardianship Tribunal has the authority to appoint both Financial Managers and Guardians for people with decision-making disabilities. Prior to making any order in relation to Financial Management or Guardianship, the Tribunal will conduct a hearing. The hearing is an opportunity for the…