Category: Family Law

    Interestingly, the length of a de facto relationship is not the only criteria for determining its legitimacy in the eyes of the law. Did you know that you can be in a de facto relationship provided that you meet the criteria in the Family...

In Lavell the wife issued a subpoena to produce documents to the husband’s accountancy firm. The wife paid $43 by way of conduct money. The husband’s accountant sought reimbursement of $4000 for “substantial loss and expense” incurred as a...

A judgment of the Full Family Court (Harris & Harris [2011] FamCAFC 245) delivered 22 December 2011 illustrates the treatment of discretionary trusts in Family Law. The judgment of the Appeal was from a single Judge who had assessed the net value...

    New research by Paul Amato, a professor of sociology at Pennsylvania State University, suggests that a “good divorce” is no better than an unhappy marriage!  When a range of wellbeing measures were examined the children of parents with...

    In short, the answer is "yes". But a recent decision of the Family Court has raised issues regarding how ageing couples may be affected by property settlements should they be physically separated due to declining health. Mr Stanford...

We are often asked the question what percentage will I get of the matrimonial property after separation?  A decision of the Family Court enabled a wife to receive 100 per cent of the matrimonial asset pool because she chose to follow four crucial steps...

    The case of Nyles & Nyles highlights the importance of giving full and frank financial disclosure at the time that terms of settlement are being entered into of any circumstance which may impact the future value of an asset even if...

The public breakup of two high profile celebrities in 2011 highlighted how valuable assets can be specifically included in Prenuptial Agreements. "Kim can keep her ring” so  says Kris, but only if she pays him a handsome US$2 million!  As the...

When couples with children separate it can mean additional complexity over custody and shared parental responsibilities. Yet what if the child dies? Who decides who can arrange the funeral. A NSW Supreme Court judgment resolved a very difficult...

    Who decides what is right for a child? The parents or the Government? Both! By Australian law parents jointly share the responsibilities concerning the care, welfare and development of their children. Parental responsibility is clearly...