Blog
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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Can property Consent Orders be set aside by the Court?
If separated parties have reached agreement regarding their property settlement, this is often formalised by filing an application for Consent Orders with the Family Court. Once the application is filed, a judicial officer will review it, and if satisfied, the Orders will be sealed and made into Final Orders.
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Are my future needs considered in family law property settlement?
When a marriage or relationship breaks down, a question that often comes to mind is, “They make so much more money than me, I am sick, I am keeping the care of the children – will I be compensated for our different future needs?”
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How does property settlement work in short relationships/marriages?
The outcome of property settlement for different couples is never the same due to a number of factors. In this blog, we are going to look at how a short marriage or short relationship (a couple of years as opposed to, for example, several decades) may impact property settlement negotiations and finalisation.
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Difference between parenting orders and parenting plans
When working through and deciding arrangements for children, separated parents have the option of informal arrangements by way of a parenting plan or formalising arrangements by way of parenting orders from the Family Court.
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Legal requirements to get married in Australia
Getting married in Australia is governed by legislation enacted back in 1961, being the Marriage Act 1961 (“the Act”). The Act sets all the legal requirements for you to marry in Australia.
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