Family Law

In recent months news outlets have reported that popstar Britney Spears has married her fiancé and third Husband Sam Asghari. It has been reported that prior to the wedding the parties signed an ‘iron clad’ Prenup (or as it is called in Australia a Binding Financial...

You have twelve months from the date of your Divorce Order to file Court proceedings seeking a property settlement (or 24 months from the date of separation of a de facto relationship). If the time limit lapses you may still file an ‘out of time’ application if you...

If an inheritance or large gift has already been received during the relationship, then it will normally form part of the matrimonial asset pool, although the recipient will usually receive an adjustment for this contribution. The extent that the funds have been...

As the world reopens, many people are again looking to travel overseas. In the case of separated parents, this will often include them and their children. There are some pitfalls particularly in relation to passports that parents even with finalised parenting orders...

Spousal maintenance is the financial support of one spouse by the other spouse following the breakdown of a marriage or a de facto relationship. Spousal maintenance is payable when: One party requires financial support and therefore has a need (for example, the...

We always recommend that correspondence relating to parenting or property settlement matters are recorded in writing either via email or text message. There are also various parenting communication apps which parties can use to discuss co-parenting matters. Some of...

There is a very common misunderstanding that domestic violence or family violence only involves physical assault that results in visible injuries to the victim. However this is not the case. Unfortunately this means that there are various forms of domestic violence...

The Court presumes it is in the best interests of a child for their parents to have equal shared parental responsibility as a default position. This means that parents are required to consult each other and agree on any long term decisions affecting the children...

Child Support can be obtained through an assessment from the Child Support Agency, through an informal agreement between parents, through a Binding Child Support Agreement or through a Limited Child Support Agreement. Child support is separate from spousal...

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...