Archives: faqs

“Fair market value” is a good starting point for most valuations. A valuation from a registered valuer is recommended for real property and business interests. The date to value property is generally at the date of hearing rather than the date of...

Section 60C (c) of the Australian Family Law Act 1975 defines how the Court determines what is in a child’s best interests. The primary considerations in child custody are the benefit to the child of having a meaningful relationship with both parents...

No. Unlike other jurisdictions, in family law the general rule is that each party to the proceedings bears their own costs. An application for costs will be considered at the discretion of the Court based on factors such as: 1. the financial...

Yes but you must file an application for property adjustment with the Court within 12 months of the date of divorce.  In Australia, an application cannot be filed later than 12 months following divorce without leave of the Court. See Family Law...

No. Children should not be used as a bargaining chip for issues between the parents. The paramount consideration in Australian Family Law is what is in the best interests of the child. Children have a right to a meaningful relationship with both...

Generally, no. Particularly when the other party has made substantial non-financial contributions by way of caring for children and the home. Superior earnings are not a ‘special...

There is no legal requirement to end a marriage on separation. If one party makes an Application for Divorce however and provided that all other elements of the divorce are met, namely: Jurisdiction Separated over 12 months Effective service of...

This depends on the Application. Generally children’s matters get priority at the Family Court and the Federal Circuit Court over property matters. Of those cases, priority will be given to those with the most serious risk. It also depends on the...

It is advisable to seek legal advice prior to making any application in either the Federal Magistrates Court of Australia or the Family Court of Australia. A solicitor will be able to present your argument before the court on your behalf. See Family...

Separation is primarily a question of the facts and secondarily a question of law. When you conduct yourself in a way that demonstrates to the other party as well as to the rest of the world that you are no longer in a spousal relationship (eg. husband...