Category: Family Law

How to decide who gets to spend time with the children at Christmas?

30-November-2015 Family Law By Simone Green

The stress of separation can be made even more apparent around holidays such as Christmas when special arrangements are required for each parent’s time with the children. Consequently it is also a very busy time for family lawyers! It is natural...

Steps needed to secure passports and travel overseas with children of separated parents

Family Law By Simone Green

Overseas travel with children is often a contentious issue among separated parents and is a common application in the Family Courts. An application for a child’s passport must be made to the Minister responsible for Citizenship, under section 11 of...

Incidence of domestic violence rising

28-November-2015 Family Law By Mark Streeter

With more than one woman dying every week in Australia this year as a result of domestic violence, the Federal Government recently pledged more than $100 million to create awareness, educate support staff and even provide for “duty solicitors” at...

Bankruptcy and its impact on separating couples

27-November-2015 Family Law By Simone Green

Since 2005, the Family Courts have had the power to alter the property interests of bankrupt and non-bankrupt spouses. Some interesting points of law that have become clear in recent years include the fact that: The Family Courts can alter property...

Family violence and its impact on children

24-November-2015 Family Law By Simone Green

The effects of family violence on children are far-reaching. Family violence is more than physical violence and includes coercive and controlling violent behaviour. If you are in an abusive relationship, it is essential that you leave and get help for...

How the Family Court decides which school your child will attend

23-November-2015 Family Law By Simone Green

Education and the choice of school can often become a topic of bitter contention between separated parents. Disputes typically are over a public versus private school, a religious versus non-religious school or even the choice of public school based on...

Prenuptial Agreements

27-October-2015 Family Law By Simone Green

Prenuptials and Agreements for Property and Maintenance Planning to marry or move in? Separating and have joint property? Changes in your marital situations often require new financial arrangements. Prenuptial agreements, often called a prenup, are an...

The importance of fully disclosing your finances in a property settlement

25-September-2015 Family Law By Simone Green

The first step in negotiating a property settlement between a separating couple is for them to accurately identify all their assets and liabilities. This is often referred to as the ‘property pool’. All assets and liabilities should be placed into a...

Same sex de facto couples have same legal rights as married couples in the Family Courts

24-September-2015 Family Law By Simone Green

With much public debate recently emerging on the issue of same sex marriage and marriage equality, it is worth looking at the existing rights of same sex couples when it comes to the Australian family law system. The Australian Constitution (in...

Benefits and pitfalls of entering into a parenting plan

23-September-2015 Family Law By Simone Green

There are two ways to record the parenting agreement between separated parents. The first is a parenting plan; the second is a consent order. What is a parenting plan? This is a document that records an informal agreement between parents about matters...