Articles & Cases
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 lawyer, military families often face problems that other families don’t. The family law system is based on the idea that children have a right [...]
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 [...]
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 [...]
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 [...]
7 Important Things to Know About Independent Children’s Lawyer
The Role of an Independent Children’s Lawyer in Family Law In family law proceedings, an independent children’s lawyer (ICL) represents the child’s interests, ensuring that the child’s voice is heard [...]
How to Represent Yourself in Family Court Australia: 3 Important Steps
To represent yourself in family court in Australia, you need to prepare thoroughly, understand the legal processes, and present your case clearly. Self-representation involves: Although it can be challenging, being [...]
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 [...]
What Are Family Law Proceedings: 4 Important Types
Family law proceedings refer to legal processes that deal with disputes or issues related to family matters in Australia. These proceedings are commonly heard in the Federal Circuit and Family [...]
How to Gift Money to Divorcing Child: 6-Point Comprehensive Guide
How to Gift Money to Divorcing Child Gifting money to a child going through a divorce can be a delicate and complicated process. The main question often revolves around how [...]
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 [...]
What Happens if You Breach Family Court Orders: 5 Consequences to Avoid
What Happens if You Breach Family Court Orders? Breaching family court orders in Australia can lead to serious consequences, depending on the nature and extent of the breach. When someone [...]
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. [...]
How Prenuptial Agreements Can Protect Business Interests in Marriage: A 6-Point Guide
How Prenuptial Agreements Can Protect Business Interests in Marriage: 5 Key Benefits Entering marriage as a business owner brings unique considerations, particularly regarding protecting your business assets. Prenuptial agreements are [...]
Representing Yourself as a Respondent in a Restraining Order Final Hearing: A Helpful 5-Step Guide
Representing Yourself as a Respondent in a Restraining Order Final Hearing Representing yourself as a respondent in a restraining order final hearing means that you will be responsible for presenting [...]
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 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 [...]
Should I Sign a Prenup? 6 Important Things to Know Before Getting a Prenup
A prenuptial agreement is a legal contract between two people before they marry, outlining the division of assets, debts, and financial responsibilities if the marriage ends in divorce. While often [...]
Contravening A Family Violence Intervention Order: 5-Point Comprehensive Guide
Understanding a Family Violence Intervention Order (FVIO) A family violence intervention order is a legal measure designed to protect individuals from family violence by imposing specific conditions on the respondent. [...]
Can Police Press Charges Without Victims Consent in Australia: 5-Point Comprehensive Guide
Can Police Press Charges Without Victims Consent in Australia? In Australia, the decision to press charges in a criminal case does not rely on the victim’s consent. Law enforcement authorities [...]