Category: Family Law

Many people assume that once a person loses capacity, nothing can be done to update their will, but that is not always correct. In New South Wales, the Supreme Court has the power to authorise a "statutory will" for a person who cannot make or change...

Asset protection is not only about protecting assets during your lifetime. It is also about preserving wealth for future generations by creating structures that can withstand unexpected events, including relationship breakdowns. For families with...

Asset Protection and Family Law: Why Early Planning Matters Most people do not think about asset protection until a relationship has already broken down. By then, many opportunities to protect family wealth have passed. From a family law perspective,...

First step Following an amicable separation, a good starting point is to have discussions with your former partner about the assets and liabilities of the relationship and how these will be divided between you. In some relationships, one partner...

Following on from the first part in the series, what do you do when you reach an agreement with your former spouse? There are a few different ways to reflect the agreement that you have reached: Informal agreement These are generally made...

Separation of living arrangements – how do we do it? Spouses who live together can separate from one another in a few ways: 1. Both parties continue to live together, separated under the one roof, meaning that you live separate lives, sleep in...

Separation vs Divorce – what is the difference? Separation is when at least one party in a relationship forms an intention to end the relationship and acts on that intention to end the relationship. There is no formal process required to separate....

What does a family law Mediation really look like? What is Mediation?  Mediation is a form of dispute resolution which facilitates negotiations between two parties, through an independent third party (known as the Mediator). Mediation is an...

Grandparents' rights to see their Grandchildren in Australia 1              Do Grandparents Have Legal Rights to See Their...

Prenuptial Agreements vs Binding Financial Agreements (BFA’s) – what are they and do I need one? Prenuptial Agreement. Do I need one? Why? How? We hear a lot about Prenuptial Agreements from our favourite legal tv shows, but are they a reality in...