Unfortunately, inheritance is not a protected asset or property in family law matters when married spouses or de facto partners separate. Due to the broad discretion afforded to the Family Law Courts in Australia, the treatment of inheritances can be a vexing issue in property settlement matters.
When your matter is listed in either the Family Court of Australia, Federal Circuit Court of Australia or the Family Court of Western Australia, often the court orders will indicate the matter is listed for “mention only” (court mention) or “directions only” (directions hearing). When people see this prescribed in their orders, frequently, the next question is, “what does that mean”?
An Independent Children’s Lawyer is a lawyer appointed by the Court to represent the best interest of a child in parenting matters during family law proceedings.
The choice of school your child attends is one of the major long-term decisions that is to be made by both parents. Unless the Family Court has made an Order to the contrary, both parents are required to consult with one another and consent to the choice or any change of a child’s school.
The purpose of “Men’s Behaviour Change courses” is to initiate a change process in men's behaviour and provide a forum for exploring and challenging beliefs. Within this, there is a focus on making men accountable for their violence toward family members.
Aside from the family home, superannuation has become one, if not the most valuable asset accumulated by individuals during their working life. In this blog, we look at how superannuation is treated in family law property settlement and the concept of superannuation splitting after separation or divorce.
As family lawyers, we often come across instances where there are court orders in place (either interim orders or final orders), and one party is not complying with their obligations under the orders.
Time limits apply in family law proceedings for property settlement and spousal maintenance matters. If you separate from your partner (whether married or in a de facto relationship), you will need to commence your property settlement proceedings within the specified time limits.
After an application for divorce has been made by a party, a divorce hearing is allocated by the Court. Whether attendance at the divorce hearing is required is dependent on whether there are children of the marriage who are under the age of 18 years and whether the application was made solely or jointly.
Many children spend such significant time with their grandparents that grandparents can be a primary carer in a child’s life. grandparents can apply to a Court for orders relating to who their grandchildren live with or who their grandchildren spend time with.
In this article, we will look at who is entitled to child support payments, how they are determined and calculated, options if your payments are not being made and how to apply for changes to your assessment.