Category: Family Law

Tips on reaching a settlement (without litigation)

18-July-2015 Family Law By Simone Green

While the Family Court and the Federal Circuit Court (the Family Courts) have the job of ruling on disputes concerning property and children, they should be viewed only as a last resort for the vast majority of separating couples. One Federal Circuit...

How is an inheritance treated in a property settlement case?

25-May-2015 Family Law By Simone Green

The division of property at the end of a relationship is often emotional but when some of that property is from one party’s inheritance, it can become particularly contentious. The law applying to the division of inherited property is not clear cut....

When is a child support agreement binding?

Family Law By Simone Green

Binding Child Support Agreements are becoming a more popular option as separating parents seek to make arrangements for the financial support of their children outside of any assessment from the Child Support Agency (CSA). The idea of these agreements...

Top 10 tips to reduce your legal costs

Family Law By Simone Green

Engaging a lawyer to help you with your family law matter is a big step and depending on the circumstances, can be very expensive. There are many things that you can do, however, to minimise your costs along the way. Below is a list of things that you...

Relocation of children in parenting disputes still comes down to what is in the child’s best interest

22-March-2015 Family Law By Simone Green

When parenting disputes come before the Federal Circuit Court of Australia or the Family Court of Australia, parents are usually seeking to determine the amount of time children are to spend with each parent, how the children are to communicate with...

How can I change my property settlement orders?

Family Law By Simone Green

While property settlements for married and de facto couples are intended to be final, there are occasions when they can be changed or set aside by the court. Property settlements for married and de facto couples are governed by section 79 of the...

Breaching parenting orders can be costly

21-March-2015 Family Law By Simone Green

How do I file a contravention application? Before commencing proceedings in court for parenting orders, each party is required to make a genuine attempt to resolve the matter by Family Dispute Resolution (FDR). Once a party has attended FDR, they...

Interim relocation of children can be key to success in final relocation

4-March-2015 Family Law By Simone Green

One of the more complex issues that can arise in parenting disputes is when one party wishes to “relocate” the children’s residence to a new, more distant location. In most cases, this means the non-resident parent may feel disadvantaged by not...

Children’s education fund accessed for ex-wife’s self-support

19-February-2015 Family Law By Simone Green

When a couple separates, the financial resources that used to be available for the benefit of both parties now need to be stretched to provide for separate living expenses. The issue of spousal maintenance comes into play when one party is in a weaker...

Posting sexually explicit images on social media can be costly

Commercial Disputes,Family Law By Mark Streeter

A man who posted sexually explicit images and videos of his ex-girlfriend on Facebook has been forced to pay her almost $50,000 for the distress and embarrassment caused. The case, heard in the ‘Supreme Court of Western Australia in December 2014,...