Category: Family Law

Grandparents rights to their grandchildren

4-March-2011 Family Law By Simone Green

Many grandparents who have been actively involved in the lives of their grandchildren are affected when their children divorce or separate. A restriction on the time spent with their grandchildren, or a refusal to allow access to their grandchildren due...

Failure to transfer properties causes complications in defacto case

30-November-2010 Family Law By Mark Streeter

When a Dad lovingly gives his daughter two properties it seems simple enough. But what happens when he fails to sign a transfer, pay stamp duty nor change the registration details on the Department of Lands Torrens Title Registry? It gets...

Court protects Russian bride

29-November-2010 Family Law By Mark Streeter

A Russian bride's binding financial agreement turns out not to be binding The facts The husband living on the North Coast of NSW developed a relationship with a lady in Russia. He travelled to Russia, married her and brought her back to Australia as...

Court helps wife pay for expensive divorce legal fees

Family Law By Mark Streeter

Family Law Court grants wife interim costs to help cover her $10.5 million in divorce legal fees When separating it is often the husband who moves out and the wife stays in the matrimonial home. In many cases the husband has the higher income plus...

Changes to prenuptial agreements for de facto relationships

Family Law By Mark Streeter

Six types of prenuptial agreements in Australia On 1 March 2009 the previously state based de facto laws in NSW were transferred to the Federal jurisdiction. This has brought changes to defacto agreements (often referred to cohabitation agreements)....

Can I lock my ex-partner out of our home?

Family Law By Simone Green

Who has the legal right to remain living in the jointly owned home? This area of law is known as Right of Occupancy. Before you go and change the locks take care to know the possible consequences. Properties are often owned “jointly” by married...

Beware of illegal Covert Surveillance

Family Law By Mark Streeter

When is Covert Surveillance illegal and when does it serve a Legitimate Forensic Purpose? Have you ever wanted to record a phone conversation as evidence for a family law dispute. How about discretely filming a video of a meeting of a spouse meeting...

Benefits to register your de facto relationship

Family Law By Simone Green

The NSW Attorney General launched the NSW Relationships Register in 2010. This Register is managed by the NSW Registry of Births, Deaths & Marriages and allows unmarried couples in a committed, exclusive relationship to formally prove that they are...

Definition of an irretrievable marriage breakdown

Family Law By Simone Green

From 1975 the Divorce Law in Australia has stipulated only one ground for a Decree of Dissolution on Marriage – i.e. that the marriage has broken down irretrievably [s48(1) Family Law Act FLA]. The sole evidence for establishing the breakdown is...

De-facto relationship interim maintenance agreement

Family Law By Mark Streeter

The Situation A couple in a de-facto relationship were seeking to make an "interim" agreement for spousal maintenance pending final discussions and negotiations in respect of a property division. The Solution Streeterlaw were retained on an urgent...