Parenting orders for non-parents – who can apply?
A parenting order is not only designed to apply to parents or guardians of a child, but non-parents may also apply for parenting orders to be able to spend time with, or care for a child. The Family Law Act allows a grandparent, or any other person concerned for the...
Social media and family law – Just don’t do it!
Social media - Facebook, Instagram, Twitter, Snapchat and the like - can be a lot of fun and have become an accepted part of modern life. Many of us use such forms of electronic communication to share the exciting, as well as the banal events in our lives, to express...
Divorce, de factos and superannuation splitting
Once a couple is separated, their superannuation (super) is treated as property under the Family Law Act 1975 (Cth) (FLA) and the value of the couples’ super benefits will be taken into account when determining a property settlement. Super is held in trust and differs...
The family business and property settlements – the importance of valuations
Separating couples involved in a family law property settlement are often under emotional and financial pressure. When one or both parties are involved in a business, this can add additional stress and complexity to the division of property. A business interest,...
Moving in together? Are we now in a de facto relationship?
Just because a couple is living together it does not automatically mean they are in a de facto relationship. There are many different factors in determining whether two people are living in a de facto relationship, such as whether they share bank accounts, are in a...
Attending Compulsory Family Dispute Resolution – what to expect
Separating couples should make reasonable attempts to agree on the future living arrangements, care and responsibility for their children. The Family Law Act 1975 (Cth) provides that, unless there are special circumstances, dispute resolution is compulsory if...
Where do the kids live after separating?
The concept of shared parental responsibility Many couples are able to agree on arrangements for the ongoing care of their children after they separate. These arrangements can be documented through parenting plans or formalised in consent orders without the need to...
The financial impact of divorce and separation – moving forward with advice and guidance
The financial impact of divorce and separation can be huge. There are legal costs to consider, and how the mortgage and associated bills and childcare costs are going to be paid moving forward. Your employment and earning prospects may be limited especially if you are...
How to get spousal maintenance
How to get spousal maintenance If you have separated from your spouse or de facto partner, you may be entitled to claim spousal maintenance. Spousal maintenance is money paid by one party to the other party of a former relationship in circumstances where the person...
Family Law Property Settlements
Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements in a property settlement and the assets they are likely to receive or retain. This is only natural given that...