All publications relating to ‘Family Law’
Domestic violence in financial cases in the Family Court and Federal Circuit Court of Australia
The Family Law Act 1975 established the ‘no fault’ divorce principle. This means that, unlike in some other jurisdictions, to establish grounds for divorce, courts do not have to consider which partner is to blame for the breakdown of a marriage. Where domestic violence can be a factor establishing ‘fault’ as grounds…
Preventing International Parental Child Abduction
Did you know that Australia has one of the highest rates of international parental child abduction in the world? Once a parent has taken their children out of Australia without the permission of the other parent or retained a child overseas outside of an agreement reached with the other parent, it may be…
If you have signed a prenup and no longer agree to the terms, what can you do?
In brief — Your rights are limitedIf you have previously signed a prenuptial or postnuptial agreement and no longer agree to its terms, your rights are very limited.Binding Financial Agreements Pre or postnuptial agreements are known as Binding Financial Agreements. Binding Financial Agreements allow parties to contract out of the Family Law Act and…
Alcohol and Family Law
Last year, I wrote an article on cannabis use and its potential impact on parenting matters. I have recently considered some recent cases where alcohol was raised as an issue in parenting proceedings and comment as follows (please note that the whole case should be read for a proper consideration of the other…
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…