Articles & Cases
Family Lawyers Melbourne: 9 Important Factors You Need to Know
When you begin searching for “family lawyers Melbourne,” you’re likely navigating a deeply personal and often overwhelming life transition. Whether you’re facing separation, divorce, or disputes around children and assets, [...]
Prenup Lawyer Melbourne: What You Need to Know Before Saying “I Do”
If you’re looking for a prenup lawyer Melbourne, you’re not alone. More couples are choosing to protect their financial future by entering into Binding Financial Agreements (BFAs), commonly known as [...]
Prenup Lawyer Melbourne: Comprehensive 7-Point Guide
If you’re looking for a prenup lawyer Melbourne, you’re not alone. More couples are choosing to protect their financial future by entering into Binding Financial Agreements (BFAs), commonly known as [...]
Divorce Lawyers Melbourne: A Complete Guide
When searching for divorce lawyers Melbourne, you’re likely facing one of life’s most significant emotional and legal transitions. Whether you’re just considering a separation or are ready to file for [...]
Family Law Arbitration: 4 Helpful Benefits
Family law arbitration is a private, legally binding dispute resolution process where you and the other party agree to appoint an independent arbitrator to resolve financial and property disputes. Unlike [...]
Urgent Recovery Order: 4 Important Steps
If your child has been taken or is being withheld from you without your consent, you may need to apply for an urgent recovery order. This court order directs authorities [...]
Presumption of Parentage in Australia: Helpful 6-Point Guide
The presumption of parentage is a legal concept used in Australia to determine who is legally recognised as a child’s parent. This presumption applies in various situations, such as birth [...]
6 Best Co Parenting Apps Australia for Seamless Communication
If you’re navigating co-parenting in Australia, using specialised apps can significantly improve communication, scheduling, and managing shared responsibilities. Co parenting apps in Australia are designed to help separated parents manage [...]
Inheritance and Divorce: 6-Point Comprehensive Guide
When facing a divorce, one of the most common concerns is how an inheritance and divorce might be treated in a property settlement. Understanding how inheritance and divorce intersect under [...]
Affidavit of eFiling Divorce: 6-Point Comprehensive Guide
Affidavit of eFiling Divorce If you are filing for divorce in Australia, you may be required to submit an affidavit of eFiling divorce as part of your application. This legal [...]
What to Do If Your Ex is Ignoring a Court Order to Sell House: 5 Important Steps
If your ex ignoring a court order to sell house, it can be frustrating and stressful, especially if the sale is part of a property settlement after separation or divorce. [...]
Litigation Funding in Family Law: What is it? and How does it work?
Litigation Funding in Family Law If you’re involved in a family law dispute and are concerned about the costs, litigation funding family law, also known as third-party funding, may provide [...]
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 [...]
6 Important Reasons Why Arranging a Prenup Is a Wise Choice
Marriage is a beautiful union, but it’s also essential to consider the practical aspects. One way to protect your interests and establish clarity in the event of a separation or [...]
Tax Benefits for De Facto Couples in Australia
De facto tax benefits in Australia are not automatically conferred and require a nuanced understanding of relevant legislation. Understanding how a de facto relationship impacts your tax situation can open [...]
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 [...]
Custody Types and Consideration Factors
Determining what type of custody is best for a child is a crucial decision that requires careful consideration of various factors. The Family Law Act 1975, which puts the best [...]
How Are Any Assets Held Overseas Treated in a Divorce
In our interconnected world, owning overseas property and assets has become common. This raises questions about how these assets are treated during a divorce in Australia. Australian law carefully addresses [...]
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: 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 [...]
Navigating Divorce Hearings in Australia
When couples decide to legally end their marriage in Australia, a divorce hearing is often a necessary step in the process. This formal legal proceeding, held in the Federal Circuit [...]
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 [...]
When Are Changes Needed in Child Custody Due to Military Relocation?
When it comes to child custody, military families often face problems that other families don’t. The family law system is based on the idea that children have a right to [...]
Property Valuation in Divorce Settlement
When couples face the challenging prospect of a divorce, the division of their shared assets becomes a primary concern. In Australia, property valuation for divorce settlements is a crucial step [...]
Is Stalking an Indictable Offence?
Yes, stalking is an indictable offence in many jurisdictions, including Australia. It is a serious crime with significant legal consequences, including imprisonment. Stalking can be heard summarily, allowing it to [...]
Can I Sue Someone for Emotional Abuse?
Yes, you can sue someone for emotional abuse in Australia. Emotional abuse, often termed as emotional distress or psychological trauma, can be grounds for a lawsuit if you can demonstrate [...]
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. In Australia, child support [...]
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 [...]
5 Tips on How to Increase Child Custody Visitation
Child custody visitation is a crucial issue that arises during and following parental separation or divorce. It refers to the quantity of time a non-custodial parent spends with their child. [...]
What You Should Know About Changing Parenting Orders
Parenting orders are crucial in resolving disputes and establishing clear guidelines for separated or divorced parents in Australia. However, circumstances can change over time, requiring modifications to the existing parenting [...]
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 [...]
Single Expert Witness Family Law Rules: 6-Point Comprehensive
Single Expert Witness Family Law Rules In family law proceedings, the court may appoint a single expert witness to provide an independent, unbiased opinion on specific issues, such as child [...]
Friend of the Court: Helpful 7-Point Guide
Friend of the Court A friend of the court, or amicus curiae, is a person or organisation invited or permitted to provide the court with expertise, insight, or information relevant [...]
4 Common Examples of Wastage Family Law
Wastage Family Law In family law, wastage refers to the deliberate or reckless depletion of marital assets, which can significantly impact property settlements during divorce proceedings. Wastage occurs when one [...]
Calderbank Offer Family Law: 3 Important Benefits
Calderbank Offer Family Law In family law, a Calderbank offer is a formal settlement proposal made on a “without prejudice save as to costs” basis. This means the offer cannot [...]
Contra Proferentem Rule Australia: 2 Helpful Examples
Contra Proferentem Rule Australia The contra proferentem rule in Australia is a legal principle applied in contract interpretation. It dictates that if a contractual term is ambiguous, the interpretation least [...]
Parenting Payment While Overseas: 5 Important Criteria
Parenting Payment While Overseas For many Australian parents, knowing whether they can continue to receive parenting payments whilst overseas is a pressing concern, especially when considering travel or relocation. The [...]
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 [...]
How to Pick a Family Lawyer in Australia: 7 Important Factors to Consider
Choosing a family lawyer can be challenging, especially when dealing with sensitive issues like divorce, child custody, or property disputes. Here’s a step-by-step guide on how to pick a family [...]
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 [...]
Taking Out House Equity Before Divorce: 3 Helpful Methods
Divorce is a challenging time, both emotionally and financially. One of the critical considerations during this period is how to manage shared assets, particularly the family home. Taking out house [...]
Contrived Relationship: How to Report and Consequences
A contrived relationship, particularly in the context of immigration and visa applications, is one that is deliberately fabricated or manipulated to achieve specific outcomes, such as gaining residency or citizenship. [...]
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
Navigating the complexities of financial matters during a separation can be challenging, especially regarding shared assets like joint bank accounts. If you’re wondering, “Can my estranged husband use our combined [...]
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. In particular, handling debts incurred after separation but before divorce presents a complex area [...]
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 [...]
Selling Assets Before Divorce: Helpful 4-Point Guide
In Australia, the legalities surrounding the sale of assets before a divorce is finalised are complex. While technically possible, doing so can present significant legal challenges. The Family Law Act [...]
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: 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: 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. [...]
Family Trusts and Divorce: 8-Point Comprehensive Guide
Family Trusts and Divorce: Understanding How Divorce Impacts Family Trusts Divorce can significantly impact family trusts, particularly in terms of asset division and property settlements. In Australia, family trusts are [...]
Financial Resources Family Law: 6-Point Comprehensive Guide
Understanding Financial Resources Family Law Financial resources family law refers to any source of financial support or potential financial gain that an individual may have access to, even if it’s [...]
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. A loan is indeed an asset for the lender [...]
How to Prove False Allegations in Family Court: 7 Helpful Tips
How to Prove False Allegations in Family Court Proving false allegations in family court requires a strategic approach focused on gathering evidence, maintaining accurate records, and relying on credible witnesses. [...]
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: 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 [...]
3 Important Factors Considered in Add Backs Family Law
Understanding Add Backs Family Law Add backs family law refer to adjustments made to the pool of assets when one party has used joint funds or assets in a way [...]
What is Legal Capacity: 5-Point Comprehensive Guide
What is Legal Capacity? Legal capacity refers to a person’s ability to make legally recognised decisions and understand the consequences of those decisions. It requires the individual to comprehend the [...]
What is a Conciliation Conference: 4 Helpful Benefits
What is a Conciliation Conference? A conciliation conference is a structured meeting where disputing parties come together to discuss their issues with the assistance of an impartial conciliator. The goal [...]
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 [...]
