Wills & Estates
Too often, people leave their estate planning until it is too late. However, having your estate administration prepared is a useful formality that will help you in regard to any family law issues that may arise. If you need to get your estate in order, it is crucial to receive legal advice from a lawyer. […]
International Family Law
Unique challenges are faced by families who are split across international borders. Disputes between these families have significant effects on both parents and children in various ways. The Australian Central Authority in the Attorney-General’s Department has the responsibility of administering the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Family matters that […]
Property
Separation can take a toll on your financial wellness. Assets and property are built over time with hard work. It becomes challenging to reach a consensus on the division of property amongst couples. Property, for the purposes of the Family Law Act, includes the family home, any investment properties, cars, shares, furnishings and superannuation. Property […]
Children
Subject to any court order, both parents have parental responsibility for a child under 18 when they separate. They both have a duty to support the child financially. The Family Law Act 1975 focuses on the children’s rights and the responsibilities that each parent has towards their children. Shared parental responsibility Under Australian Family Law, […]
Marriage
There are various types of marriages that are legalised in Australia. For every type of marriage, there are several formal rulings which dictate how they are officially recognised. Same-sex marriage in Australia and elsewhere Same-sex couples and their children are entitled to receive the same level of protection under the law as heterosexual couples and […]
International Family Law – Child Abduction
In most cases, International child abduction occurs where one parent or guardian from a country other than Australia, following the breakdown of a relationship, forcefully takes their children to their country of origin in breach of a Court order or the consent of the other party. International child abduction carries significant consequences for the abductor […]
De Facto Relationships
Due to the significant difference in the legal effect of marriages compared to de facto relationships, it is critical to be properly informed about the legal implications of any non-married close personal relationship. Definition A de facto relationship in most definitions include a relationship between: Under current law, individuals leaving an unsuccessful de facto relationship […]
Financial Agreements and Prenuptial Agreements
Since one in three marriages are likely to end in divorce, pre-nuptial agreements are used to prevent disputes and add complete certainty. Definition Financial agreements are agreements that couples enter into to specify how their property will be distributed should the relationship end. Agreements entered into before or during the relationship are commonly referred to […]
Mediation
Mediation is an alternative to litigation which can help parties reach a quick resolution. This alternative is becoming a popular option amongst parties who seek to save time and money. Mediation will allow for negotiation, facilitated by the cooperation of parties and their legal representatives. A mediation or settlement conference is a meeting where parties […]
Consent Orders
Consent orders give binding force to agreements between couples. When a full agreement is reached about issues or property settlement, the agreement can be recorded in a written document signed by both parties. The agreement is then presented to the Family Court of Australia and made into a set of consent orders. These agreements are […]