Recently, director and actor Olivia Wilde was handed an envelope while on stage when she was attending a trade show in the United States of America. As it turned out, the envelope apparently contained Court documents from her ex-partner regarding a parenting matter....

“If you are moving out of the family home due to separation ensure you take copies of photos and personal identification documents (such as passports, birth certificates and citizenship/visa documents) with you so as to avoid them getting lost or held hostage by your...

“Do not publish any details about Family Law proceedings.  It is a criminal offence to publish the names of parties and children involved in Court proceedings or make any reference to court officials, Judges, Lawyers or experts involved in the proceedings.” “Avoid...

In September 2021, after years of consideration and advise, the Federal Circuit Court and Family Court were merged together. As with any large ‘merger’ there have been various teething issues identified by both Lawyers and Litigants in the past six months.  Most...

Pre-nups, more formally called Binding Financial Agreements (“BFAs”) or sometimes called FBAs, are legal documents in Australia made under the Family Law Act 1975 (Cth) which are designed to exclude the operation of some or all of the family law. That is, you and your...

“If you are recently separated and in the midst of negotiating a property settlement avoid purchasing any property, business, shares or expensive possessions until after your property matters are resolved as these assets will likely be included in your joint asset...

“Contact your bank and ensure that all joint accounts and home loans require duel signatures for withdrawals.” “If you are recently separated change all the passwords on your phone, email account, iCloud, laptop computer and any other electronic devices or application...

In order to obtain a legal divorce you must file an Application for Divorce in the Federal Circuit and Family Court of Australia. The application form is available on the Court website, however it is always best to seek advice and assistance from a qualified Family...

“Update the nominated beneficiary in your Superannuation policy if your ex-partner is currently nominated as the beneficiary of the policy.” “If you are moving out of the family home ensure you take all sentimental items with you in the first instance – This will...

It is common in Family Law proceedings where parties have not reached agreement about parenting arrangements or where allegations of ill mental health, domestic violence or substance abuse have been raised for the Court to Order that a Family Report or the 'short...

“Ensure that you disable your ex-partners access to applications which may enable them to track your location such as FindMyPhone, Snapchat or Facebook Messenger.” “Update your Will - If something where to happen to you the fact that you are separated or Divorced will...

If you have been the victim of Domestic Violence during your relationship and your partner is continuing to behave in an abusive manner after separation you should consider applying for an Intervention Order (IVO). The IVO may include provisions restraining your ex...

A Subpoena is a legal document issued by the Court at the request of a party to a case. A subpoena compels a person to produce specific documents or give evidence at a hearing or trial. There are three types of subpoena: a Subpoena for production a Subpoena to give...

Vaccination of children has long been a difficult topic for separated parents to negotiate when one parent holds a strong view and the other holds a differing view. That difficulty is certainly not any less with the topic of vaccination of children with a COVID-19...

As the summer school holidays fast approach and Covid-19 restrictions ease many families will be planning to travel over the Christmas period. For those parents who are co-parenting arranging travel is slightly more complicated and often requires earlier planning....

Any additional assets or income that are accumulated after the separation will be at risk of a claim.  The property division will normally be decided on the value of the assets available at the time of the division - not on the value at separation.  You may for...

There are significant risks of not formally documenting (by way of a Court order or Financial Agreement) an agreement that you may reach about property or maintenance. Informal, casual, or handshake agreements carry a very significant risk for you, your family, and...

Much of the time, avoiding going to Court in family law proceedings makes sense. The Court process can be costly, and uncertain. When it comes to financial matters, there are so many variables at play that lawyers cannot predict with certainty a precise outcome, but...

Your internet presence can be both an enormous help with sorting out your parenting and property situation, but carries significant risks. Here are some of the things we suggest you should be careful about: The information and images you post on social media sites...

Your internet presence can be both an enormous help with sorting out your parenting and property situation, but carries significant risks. Here are some of the things we suggest: Call your Internet Service Provider or a private computer consultant to review your...

The weeks following separation are often the most difficult. People find themselves in a highly emotional situation and struggling to determine what they should do next, who they should speak with, how to protect their assets and re-establish themselves. There a few...