Tag: Family Law

On 6 November 2023, the Family Law Amendment Act 2023 (Cth) (“Family Law Amendment”) received Royal Assent, which will result in extensive changes to the parenting framework and parenting orders, as well as the role of Independent Children’s...

On 6 November 2023, the Family Law Amendment Act 2023 (Cth) (“Family Law Amendment”) received Royal Assent, which will result in extensive changes to the parenting framework and parenting orders, as well as the role of Independent Children’s...

Easter is fast approaching but my ex-partner and I both want to spend time with the kids over the Easter long weekend. What do we do? The key to surviving the Easter period is communication and forward planning, especially if you do not have a parenting...

  People are often confused regarding the process of separation, divorce and property settlement. Following the breakdown of a relationship, people commonly say ‘I’m going through a divorce’ or ‘we are getting a divorce’ as those...

Capacity and Family Law – how a litigation guardian can help? We usually think of legal ‘capacity’ in terms of whether a person can understand the nature and effect of signing a legal document such as a last Will. What happens however when a...

Ownership of property, it’s not what you think! When it comes to ownership of property it is commonplace for couples to buy or hold real estate in the name of one partner only, either for asset protection purposes, or to keep their financial...

When couples separate, they frequently need to attend Court to have the division of their assets decided by a judge. Since it can take a long time to progress through the Courts to a hearing, it is common for the asset pool’s value to change...

Case study: Blackwell & Scott [2017] FamCAFC 77 (28 April 2017) Family Law orders frequently involve a cash payment from one party to the other when a jointly owned property is to be retained by one person as part of a property adjustment....

A recent case in the Federal Circuit Court of Australia, Jasper and Corrigan (no.2) [2017] FCCA1467, was disputing the nature of a de facto relationship. The applicant, a 33-year-old woman, at the very last minute, presented evidence in the form of...

The division of a couple’s assets by the Family Court is not simply a case of making a mathematical assessment of their relative financial contributions. The Court’s objective is to try and deliver an outcome that is just and equitable to both...