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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 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 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 [...]
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 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 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 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 [...]
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 [...]
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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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? 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: 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 [...]
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? 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 Proving false allegations in family court requires a strategic approach focused on gathering evidence, maintaining accurate records, and relying on credible witnesses. [...]
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 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 [...]
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? 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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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? 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? 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: 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 Representing yourself as a respondent in a restraining order final hearing means that you will be responsible for presenting [...]
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 [...]
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 [...]
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 [...]
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? In Australia, the decision to press charges in a criminal case does not rely on the victim’s consent. Law enforcement authorities [...]
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? Child support is a comprehensive payment that covers various aspects of a child’s upbringing, ensuring they have the necessary resources for a stable [...]
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 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 [...]
Vaccination is crucial to public health, protecting individuals from infectious diseases and preventing the spread of harmful viruses. In Australia, the topic of vaccinating minors without parental consent has sparked [...]
The most common child custody arrangement in Australia is known as “joint custody”. This arrangement emphasises both parents’ involvement in making major decisions regarding the child’s upbringing, such as education, [...]
Deciding whether to divorce a spouse with a gambling addiction is a profoundly personal and complex decision. It involves weighing significant emotional, financial, and familial implications. If you’re contemplating this [...]
In Australia, relinquishing parental rights holds significant legal and emotional implications for both the parents and the child involved. This complex legal process is often misunderstood, leading to confusion about [...]
