Blog
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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Supervised time with children after separation
For certain separated families, it is appropriate for the time one parent spends with the children to be supervised by a third party. There are many reasons why supervised time is either requested by one parent, offered by one parent or ordered by the Court.
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My ex-partner is delaying our property settlement
When separating from a former spouse or de-facto partner, it is common for parties to work together to reach a settlement on their financial relationship so both parties can move on to the next stage of their life. However, it is just as common for one party to delay finalising that property settlement.
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Ban on personal cross examination in family law court proceedings
Personal cross-examination of other parties is not permitted in certain circumstances in family law proceedings where allegations of family violence have been raised. Where the ban applies, any cross-examination must be undertaken by a lawyer.
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Family law matters involving drugs, alcohol or family violence
Exposing a child to a parent (or third party) who is under the influence of drugs or alcohol, in possession of drugs, or engaging in family violence is unthinkable to most parents. A common conundrum that separated parents face is how to protect their child from harm whilst also supporting the child’s relationship with the other parent.
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Taxation Implications in family law property settlement
Several tax considerations often arise during family law property settlements, whether it is settlement by consent or the matter goes to trial in the Family Courts.
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Can I change my child's surname after separation/divorce?
Following separation or divorce, it is not uncommon for a parent to change the surname of a child to recognise their surname in the child’s name.
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How to put a child on the Family Law Watchlist (formerly the airport watch list)
With Australia’s international borders now open and fewer restrictions on international travel following the pandemic lockdowns, we are seeing the return of more clients seeking urgent applications for their children to be added to the Family Law Watchlist (“Watchlist”).
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