Tag: article

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...

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...

If you are a trustee of a self-managed superannuation fund with a binding death benefit nomination, it’s important you understand your responsibility to remain impartial. If the fund involves a blended family, a binding death benefit nomination can...

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...

When couples separate, family lawyers are often called upon to negotiate the division of assets and to assist in formalising arrangements for the care of dependent children. However, we have observed a growing trend in clients requesting orders or...

Are you going through a property settlement with your former partner? If you or your partner has a Testamentary Trust, you may be keen to know how the Family Court will treat your interests in this kind of trust. (A Testamentary Trust is one that is...

In light of the recent high profile murder case involving Simon Gittany *, we thought it was timely to look at the definition of violence in the Family Law Act and how the Court deals with issues of domestic violence. When we hear the phrase family...

In Australia, married parties must settle their property interests prior to the 12-month anniversary of their divorce. They can be settled by way of a consent order or Binding Financial Agreement, and where an agreement cannot be reached, an application...

It is a common occurrence that one party to a marriage or relationship makes a significantly higher financial contribution either prior or during the relationship. Many people are often under a mistaken belief that in a relatively short relationship, a...