Blog
What is considered “property” in Australian family law proceedings
In order to identify and value the parties’ property, it is imperative to understand what is “property” in Australian family law proceedings.
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International travel with children from separated families
Many families look to explore international travel to allow their children to soak up the various cultures, experiences and opportunities that come with purchasing a plane ticket. While travel comes with many benefits, the travelling experience may pose difficulty for some separated parents, most importantly obtaining consent from the non-travelling parent.
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Dealing with property and assets after a de facto relationship breakdown
Casual and recent commentary from our High Court has created confusion and uncertainty around de facto relationships. Just because you are not living under the same roof or bound by a certificate of marriage does not necessarily mean you are not in a de facto relationship.
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School arrangements for children of separated and divorced parents
This blog looks at some critical areas of family law that may assist separated families to manage the emotions of children starting school or going back to school after the holidays.
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What does best interests of the child mean in family law?
The phrase “best interests of the child” is commonly used in family law proceedings involving children. It conveys a level of ambiguity, and where families are on a path of litigation and asking the Court to decide, the Court then has judicial discretion to determine what is in the best interests for each child.
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The rights of non-biological parents after separation
Dynamic family situations are difficult, highly emotive and can be stressful. Many children are now part of blended families and cared for by non-biological parents. This changing state of the family unit reinforces the importance of understanding the rights of non-biological parents in family law proceedings.
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Global vs asset-by-asset approaches to family law property settlement
Following separation, parties to a relationship are entitled to divide the assets of a relationship by way of family law property settlement. Most commonly, parties will pool all the assets and liabilities before commencing negotiations for the property settlement. Another less common approach is the asset-by-asset approach.
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Visibility of superannuation assets in family law property settlement
It is not uncommon for parties to family law proceedings to hide or under-disclose their superannuation assets. Laws introduced in April 2022 have significantly improved the requirement for visibility of superannuation assets in family law matters.
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Children’s Passports in Family Court Matters
Immediately following separation, there may be uncertainty as to parenting arrangements for you and your children. During this time, it is important to turn your mind to important documentation in respect of your child, such as their passport.
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What is adult child maintenance?
The Family Law Act deals with what is referred to as “adult child maintenance” or “child maintenance”. The purpose of this Division is to ensure a proper level of financial support of children by their parents, having regard to their respective means.
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Text and email like it will be read in court one day
In the era of smartphones and expectations of instant communication, people often send messages on the spur of the moment, which are riddled with emotion in the middle of their family law proceedings. How does the Court view such communications?
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Parenting arrangements over the Christmas holiday period
If you have not reached agreement and arrangements for spending time with your children for any upcoming Christmas holiday period, you need to act quickly. The Family Court sets a deadline of 4.00 pm on the second Friday of November each year for applications to be filed for parenting matters regarding the Christmas holiday period to be filed.
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