Articles & Cases

parenting payment while overseas | Melbourne Family Lawyers

Parenting Payments and Child Support When a Parent Moves Overseas

Moving overseas does not end child support, and taking a child overseas without consent can be a criminal offence. Here is what parents need to know. [...]
capital gains tax and divorce | Melbourne Family Lawyers

Tax on a Property Settlement: CGT, Division 7A, Super and Stamp Duty

The tax consequences of a property settlement are easy to miss and expensive to fix later. CGT on an investment property is the one we see forgotten most. [...]
withholding grandchildren from grandparents australia | Melbourne Family Lawyers

Grandparents’ Rights in Australia: When Grandchildren Are Withheld

Grandparents can apply for parenting orders, but not every claim is strong. Here is how it works, and how to tell if yours is worth pursuing. [...]
research on 50-50 child custody

50/50 Child Custody in Australia: What the Research and Our Experience Show

Equal time can work well, but it depends heavily on how close the parents live and how old the children are. [...]
how long does a divorce take | Melbourne Family Lawyers

How Long Does It Take to Get a Divorce in Melbourne?

From your first meeting with a lawyer to a final divorce usually takes around 3 months, if your spouse can be served without trouble. [...]
what makes a parent unfit for custody | Melbourne Family Lawyers

What Makes a Parent Unfit for Custody in Australia?

A messy house or a missed soccer practice will not make a parent unfit. The court looks at one thing above all: whether the child is safe. [...]
How Does Someone Get Charged With Coercive Control | Melbourne Family Lawyers

How Does Someone Get Charged With Coercive Control? Coercive Control Laws Explained

Many people call a lawyer asking the same thing: “They control my money, my phone, and who I see. Can I have them charged today?” The honest answer depends on [...]

Victoria’s Stability Bill | Melbourne Family Lawyers

Victoria’s Stability Act 2026: What It Means for Family Reunification Orders

Victoria’s Stability Act 2026 gives the Children’s Court power to extend a family reunification order beyond the previous 24-month cap, in blocks of up to 12 months, where doing so [...]

Best Superannuation Division Options for Divorce in Melbourne | Melbourne Family Lawyers

Best Superannuation Division Options for Divorce in Melbourne: A Family Lawyer’s Guide

I’ve guided hundreds of clients through the complexities of superannuation in divorce. It’s consistently one of the most misunderstood aspects of property settlement, and often represents 25-40% of a couple’s [...]

Inheritance in Divorce: How the Courts Really Treat It (and How I See It in Practice)

Inheritance in Divorce: How the Courts Really Treat It (and How I See It in Practice)

Going through a separation is tough enough without worrying about whether your late parent’s legacy might end up divided with your ex-partner. I’m Hayder Shkara, director of Melbourne Family Lawyers, [...]

Does Child Support Cover School Uniforms | Melbourne Family Lawyers

Does Child Support Cover School Uniforms: 7-Point Comprehensive Guide

Does child support cover school uniforms? In Australia, child support generally does cover school uniforms. Uniforms are usually treated as part of a child’s ordinary education costs, grouped together with [...]

the Practice of ‘Add Backs’ in Family Law | Melbourne Family Lawyers

Shinohara Decision Ends the Practice of ‘Add Backs’ in Family Law Property Settlements

The Full Court of the Federal Circuit and Family Court of Australia (Division 1) has handed down a landmark decision that changes the way property settlements are approached under the [...]

child support reassessment | melbourne Family Lawyers

Can I Request a Child Support Reassessment: 6-Point Comprehensive Guide

Can I Request a Child Support Reassessment? Yes, you can request a child support reassessment if there’s been a change in your circumstances or your child’s needs. A reassessment helps [...]

supervised visitation | Melbourne Family Lawyers

When Do Courts Order Supervised Visitation and What Does It Involve?

When do courts order supervised time (often called supervised visitation) and what does it involve? In Australia, the Family Court may order supervised time when it believes that a child’s [...]

Who Decides Where the Child Goes to School After Separation

Who Decides Where the Child Goes to School After Separation: 5 Important Factors the Court Considers

Who Decides Where the Child Goes to School After Separation? After a separation or divorce, deciding where your child goes to school can be one of the most emotionally charged [...]

Interim Orders in Family Law | Melbourne Family Lawyers

Interim Orders in Family Law: 6-Point Step‑by‑Step Guide

What Are Interim Orders in Family Law? Interim orders in family law are temporary court orders made to address immediate issues before a final decision is reached. They’re designed to [...]

how to get a divorce | Melbourne Family Lawyers

How to Get a Divorce in Australia 2025 Guide

Ending a marriage is always a challenging decision. Still, if you’ve come to the difficult conclusion that divorce is the best option, it’s essential to understand the process and legal [...]

is verbal abuse domestic violence | Melbourne Family Lawyers

Is Verbal Abuse a Domestic Violence?

In Australia, the definition of domestic violence extends beyond physical harm to include a variety of behaviours, such as verbal and emotional abuse. Verbal abuse, a prevalent form of emotional [...]

can i sue someone for emotional abuse | Melbourne Family Lawyers

Can I Sue Someone for Emotional Abuse?

Yes, you can sue someone for domestic violence verbal abuse in Australia. Emotional abuse, often termed as emotional distress or psychological trauma, can be grounds for a lawsuit if you [...]

domestic violence order | Melbourne Family Lawyers

Domestic Violence Order: 8-Point Comprehensive Guide

A Domestic Violence Order (DVO) is a legal protection issued by a court to safeguard individuals from domestic violence. It imposes specific conditions on the person who has committed the [...]

Injunction Order on Property | Melbourne Family Lawyers

Types and Legal Requirements for Injunction Orders on Property

An injunction order on property is a legal remedy issued by a court that prevents an individual or entity from taking specific actions concerning a disputed property or a property [...]

Does Property Settlement Affect Centrelink Payments | Melbourne Family Lawyers

Does Property Settlement Affect Centrelink Payments?

Yes, a property settlement can affect your Centrelink payments after separation or divorce. This usually depends on the assets or money you receive. It also depends on your financial circumstances [...]

property settlement with a narcissist | Melbourne Family Lawyers

How to Get a Fair Property Settlement With a Narcissist?

Yes, getting a fair property settlement with a narcissist in Australia is possible. Dealing with a narcissist in a property settlement and divorce can be challenging, but not impossible. 2025 [...]

What is the Cheapest Way to Get a Divorce in Australia | Melbourne Family Lawyers

What is the Cheapest Way to Get a Divorce in Australia

The most economical approach to obtaining a divorce in Australia is through a joint application for divorce, where both parties agree on the divorce and its terms. This method minimises [...]

recovery order | Melbourne Family Lawyers

What is a Recovery Order and How to Get One Without a Parenting Order

Recovery orders are essential legal instruments in Australia designed to protect the welfare of children who have been unlawfully taken from their primary caregivers. The primary aim is to ensure [...]

do i have to pay child support if my child goes to university | Melbourne Family Lawyers

Do I Have to Pay Child Support If My Child Goes to University?

In Australia, the question of whether a parent must continue paying child support when their child attends university is not always straightforward. While child support typically ends when a child [...]

gay divorce rate australia | Melbourne Family Lawyers

Gay Divorce Rate Australia From 2018 To Present

Since the legalisation of same-sex marriage in 2017, the gay divorce rate in Australia has significantly increased. To provide a more comprehensive view, let’s break down the changes year by [...]

how to fight a child protection order victoria | Melbourne Family Lawyers

How to Fight a Child Protection Order in Victoria

To fight a child protection order in Victoria, you must engage with the legal process in the Children’s Court, where the order is reviewed and challenged. This involves presenting evidence [...]

child custody under 2 years old

Key Factors to Consider in Custody for Children Under 2

Child custody can be a complex issue, especially when a child is under two years old. In Australia, the Family Law Act 1975 governs child custody matters. When determining what [...]

international child support agreement with australia | Melbourne Family Lawyers

International Child Support Agreement With Australia Guide

Australia participates in several international agreements and conventions to handle international child support cases. These agreements ensure that children’s financial needs are met, regardless of their parents’ location. Need advice [...]

getting married to a foreigner in australia | Melbourne Family Lawyers

Getting Married to a Foreigner in Australia: Requirements and Process

If you’re in Australia, there are specific laws and regulations you must be aware of if you are considering tying the knot with someone from a foreign country. In this [...]

permanent residency and divorce australia | Melbourne Family Lawyers

Permanent Residency and Divorce Australia

Permanent residency in Australia is a status that permits individuals to live, work, and study indefinitely. To obtain this status, applicants must fulfil several requirements, which vary depending on the [...]

how to beat an intervention order | Melbourne Family Lawyers

How To Beat an Intervention Order in Victoria

An Intervention Order is a Court Order made by a Magistrate in the Magistrates’ Court of Victoria against a person (the Respondent) who has committed family violence against a family [...]

broken heart law australia | Melbourne Family Lawyers

Broken Heart Law Australia: Helpful 5-Point Guide

In family law, the term broken heart law Australia isn’t a formal legal term but rather a colloquial expression that captures the emotional turmoil and potential legal ramifications of infidelity [...]

child custody statistics by gender

Is Child Custody Gender Bias? Statistics Have Revealed

Contrary to popular belief, child custody according to statistics by gender indicate that fathers in Australia are not inherently disadvantaged when it comes to child custody decisions. Instead, the courts [...]

does selling a house count as income for child support | Melbourne Family Lawyers

Does Selling a House Count as Income for Child Support in Australia?

Child support is a critical aspect of ensuring that children receive the financial support they need to thrive, particularly in the event of separation or divorce. 2025 update: Since 10 [...]

marriage separation process

The 5 Stages of the Marriage Separation Process

Going through a marriage separation can be an emotionally challenging and complex experience. In Australia, understanding the legal aspects of the separation process is crucial to ensure a fair and [...]

procedural hearing | Melbourne Family Lawyers

Procedural Hearing: Everything You Need to Know

A procedural hearing is a preliminary court session where the judge reviews a case’s progress, clarifies legal issues, and determines the next steps needed before a trial. These hearings are [...]

circumstances parent able to relocate child | Melbourne Family Lawyers

Circumstances When A Parent Can Relocate Child

The decision to relocate with a child within Australia involves various legal considerations and processes. The court will consider whether the relocation serves the child’s best interests, balancing the benefits [...]

grey divorce australia | Melbourne Family Lawyers

Grey Divorce Australia: 6 Frequently Asked Questions

The term “grey divorce” may sound unfamiliar to some, but it’s a rising phenomenon worldwide, including Australia. Grey divorce refers to couples, often in their late 50s or older, deciding [...]

cohabitation agreement | Melbourne Family Lawyers

What You Need to Know About Cohabitation Agreements

Cohabitation agreements, often called ‘living together agreements,’ are formal, legally binding contracts between partners. They detail how assets, debts, and property will be handled during the relationship and in the [...]

can my estranged husband use our combined bank account | Melbourne Family Lawyers

Can My Estranged Husband Use Our Combined Bank Account

Navigating the complexities of financial matters during a separation can be challenging, especially regarding shared assets like joint bank accounts. 2025 update: Since 10 June 2025, the Family Law Act [...]

debts incurred after separation but before divorce australia

Debts Incurred After Separation But Before Divorce? Here’s What to Do

Understanding the financial implications of separation and divorce is crucial for anyone navigating this challenging phase. 2025 update: Since 10 June 2025, the Family Law Act sets out the steps [...]

how to expose a narcissist in family court australia | Melbourne Family Lawyers

4 Helpful Strategies to Expose a Narcissist in Family Court Australia

Narcissistic Personality Disorder is characterised by an inflated sense of self-importance, a lack of empathy, and a constant need for attention and admiration. How to expose a narcissist in family [...]

de facto inheritance law australia | Melbourne Family Lawyers

De Facto Inheritance Law in Australia

In Australia, de facto inheritance laws dictate that if someone in a de facto relationship dies without a will (known as dying “intestate“), their surviving de facto partner has similar [...]

Chose in Action Point Comprehensive Guide | Melbourne Family Lawyers

Chose in Action: 7-Point Comprehensive Guide

What is Chose in Action? A chose in action refers to a personal right to recover property or enforce a claim against another party. Unlike physical assets, a chose in [...]

what is an enforcement order | Melbourne Family Lawyers

What is an Enforcement Order: Helpful 6-Point guide

What is an Enforcement Order? An enforcement order is a legal directive issued by a court to compel an individual or organisation to comply with a previously determined court order. [...]

is loan an asset | Melbourne Family Lawyers

Is Loan an Asset: 7-Point Comprehensive Guide

Is Loan an Asset? Whether a loan is considered an asset depends on the financial context and who holds the loan. 2025 update: Since 10 June 2025, the Family Law [...]

Important Components of a Tender Bundle | Melbourne Family Lawyers

4 Important Components of a Tender Bundle in Family Court You Need to Know

Tender Bundle in Family Court A tender bundle in family court proceedings is a carefully compiled set of documents that a party intends to present as evidence in support of [...]

family court appeal success rate | Melbourne Family Lawyers

Family Court Appeal Success Rate: 4 Valid Grounds for Appeal

Family Court Appeal Success Rate The success rate of appeals in the family court is generally low, reflecting the complexity and strict criteria associated with overturning original court decisions. Family [...]

child custody with a newborn

How to Co-Parent with a Newborn the Right Way

Child custody disputes are never simple, but when there’s a newborn involved, the situation becomes more delicate. When it comes to determining child custody with a newborn in Australia, several [...]

how do i get a copy of family court orders | Melbourne Family Lawyers

How Do I Get a Copy of Family Court Orders: 7-Point Comprehensive Guide

If you’re wondering how to obtain a copy of family court orders in Australia, you can usually request them through the Family Court, where the orders were made. Depending on [...]

tender bundle family court | Melbourne Family Lawyers

Tender Bundle Family Court: 4 Common Mistakes to Avoid

What is a Tender Bundle Family Court? A “tender bundle” in the context of family court refers to a collection of documents that one party wishes to present as evidence [...]

does rental income affect child support | Walker Pender Lawyers

Does Rental Income Affect Child Support? A 6-Point Comprehensive Guide

Does Rental Income Affect Child Support? Yes, rental income does affect child support assessments. When calculating child support in Australia, rental income is considered part of a parent’s taxable income. [...]

child support living in same house | Melbourne Family Lawyers

Paying Child Support while Living in Same House: 8-Point Comprehensive Guide

When parents separate but continue living under the same roof, they are still required to meet child support obligations. In Australia, child support is determined by a formula that considers [...]

de facto relationship australia 6 months | Melbourne Family Lawyers

De Facto Relationships in Australia: The 6-Month Rule

What is a De Facto Relationship? In Australia, a de facto relationship is when two people, regardless of gender, live together as a couple on a genuine domestic basis. Understanding [...]

does salary sacrifice affect child support | Melbourne Family Lawyers

Does Salary Sacrifice Affect Child Support: Helpful 6-Point Guide

Does Salary Sacrifice Affect Child Support? Yes, salary sacrifice does affect child support in Australia. Child support is calculated based on a parent’s “adjusted taxable income,” which includes salary, wages, [...]

what is child support supposed to cover | Melbourne Family Lawyers

What is Child Support Supposed to Cover: 7 Important Factors

What is Child Support Supposed to Cover? Child support is a comprehensive payment that covers various aspects of a child’s upbringing, ensuring they have the necessary resources for a stable [...]

do consent orders need to be signed | Melbourne Family Lawyers

Do Consent Orders Need To Be Signed?

Yes, consent orders need to be signed. A consent order is a type of court order. Parties involved usually agree on the terms of the order, and once the court [...]

child custody rights for fathers | Melbourne Family Lawyers

Child Custody Rights for Australian Fathers

Child custody disputes can be emotionally draining and legally complex for any parent, but they can pose unique challenges for fathers who may perceive a lack of equal parental rights [...]

Call Now Message us