All publications relating to ‘Family Law’
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…
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…