Category: Family Law

A recent case in the Family Court of Australia has determined the need for a de facto couple to clearly communicate with one another when their relationship ends. Cadman & Hallett [2014] FamCAFC 142 (11 August 2014) involved a gay couple who...

Usually, documents filed in the Family Court cannot be viewed or used for purposes other than the proceedings before the Court, without express permission by the Court. There exists an ‘implied obligation’ not to make use of these documents for any...

A common misconception for parties in family law disputes is the difference between an order for equal shared parental responsibility and an order for equal time with the children. The two orders, while separate, are not mutually exclusive. Parental...

A recent judgment in spousal maintenance proceedings in the Family Court, in which trust capital was accessed to meet the husband's obligations to pay spousal maintenance, reaffirms that the powers of the Family Court are far reaching. Spousal...

While there is no legal requirement to finalise a property settlement with your former partner or spouse immediately upon the breakdown of that relationship, there are many benefits in not waiting too long to do so. Divorcing couples must finalise a...

A case involving a farmer and his daughter and son-in-law (Milling v Hardie [26 May 2014] NSWCA 163) is a reminder of the need to put property living arrangements, even between family members, in writing. Mr Milling is a farmer who lives in one of...

If you are getting married and are looking to enter into a Section 90B Financial Agreement, make sure you finalise and sign the agreement well before the wedding date otherwise you could face the risk of it being set aside (disregarded) by the...

A recent study has revealed that more than half of the calls made to the NSW Government’s Elder Abuse Helpline related to financial abuse. Many elderly people reportedly put up with or give into their children’s financial demands because they do not...

The Family Law Act has devised a threshold that a couple must satisfy before they can be defined as de facto in the eyes of the law. While it relies on each couple’s circumstances, the following factors must be taken into account: the duration of...

Did you know that provided a couple meets all the criteria, divorces are quite easy to obtain in Australia? Unlike the United States, you do not have to prove that one party was at fault. However, you do have to ensure that you and your partner have been...