Articles & Cases

financial resources family law | Melbourne Family Lawyers

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 | 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. A loan is indeed an asset for the lender [...]

how to prove false allegations in family court | Melbourne Family Lawyers

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. [...]

tender bundle in family court | Melbourne Family Lawyes

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 [...]

what is legal capacity | Melbourne Family Lawyers

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 [...]

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. [...]

representing yourself as a respondent in a restraining order final hearing | Melbourne Family Lawyers

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 [...]

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 [...]

can police press charges without victims consent | Melbourne Family Lawyers

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 [...]

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 [...]

Vaccination Without Parental Consent

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 [...]

what is the most common child custody arrangement | Melbourne Family Lawyers

What Is the Most Common Child Custody Arrangement?

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, [...]

should i divorce my gambling husband | Melbourne Family Lawyers

Should I Divorce My Gambling Husband?

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 [...]

relinquishing parental rights australia | Melbourne Family Lawyers

Relinquishing Parental Rights Australia: 7 Important Effects You Need to Know

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 [...]

Prenup Lawyer

Prenup After Marriage: Is It Possible?

So, you’ve tied the knot, but you’re wondering if it’s too late to get a prenup. Good news! It’s never too late. In Australia, you can get a postnuptial agreement, [...]

do lesbians have the highest divorce rate | Melbourne Family Lawyers

Do Lesbians Have the Highest Divorce Rate?

Since the legalisation of same-sex marriage in Australia, the question “Do lesbians have the highest divorce rate?” has arisen in discussions about marriage and divorce trends. Recent statistics indicate that [...]

types of assault charges victoria | Melbourne Family Lawyers

Assault Charges in Victoria You Need to Know

An assault charge is a serious legal matter that can have significant consequences for those involved. In the eyes of the law, assault refers to the intentional infliction of physical [...]

cost of custody lawyer

Cost of Custody Lawyer: 5 Important Questions You Might Have

When it comes to navigating a custody battle in Australia, the cost of employing a custody lawyer is one of the biggest concerns for many parents. Although engaging a lawyer [...]

how to prove someone assaulted you | Melbourne Family Lawyers

8 Helpful Ways to Prove Someone Assaulted You

Proving assault is crucial yet challenging in the legal domain. It’s essential for ensuring justice and safeguarding victims’ rights. The complexity arises from the need to establish intent and harm [...]

how to report elder financial abuse | Melbourne Family Lawyers

Signs of Elder Financial Abuse and How to Report the Case

To report elder financial abuse in Australia, there are several dedicated helplines you can turn to for immediate assistance. The Elder Abuse Helpline, reachable at 1300 651 192, offers confidential [...]

how to check your child support payments

How to Check Your Child Support Payments: 10 Important Things You Should Remember

Managing child support payments is both vital and intricate for separated parents. To ensure you stay informed and efficiently track your child support payments, it’s essential to know how to [...]

withholding grandchildren from grandparents australia | Melbourne Family Lawyers

Withholding Grandchildren from Grandparents Australia: 3 Important Steps

Withholding Grandchildren from Grandparents Australia Withholding grandchildren from grandparents Australia can be a challenging and emotional issue, often arising during family disputes or separation. While parents have the primary rights [...]

is my ex spouse entitled to my inheritance australia | Melbourne Family Lawyers

Is My Ex-Spouse Entitled to My Inheritance Australia

The entitlement of your ex-spouse to your inheritance varies. Australian family law considers several factors when determining how an inheritance is treated during a divorce or separation. This article explores [...]

can my husband kick me out of the house he owns | Melbourne Family Lawyers

Can My Husband Kick Me Out of the House He Owns?

Amid a separation or divorce, one pressing question many spouses face is, “Can my husband kick me out of the house he owns?” The short answer is no, not immediately. [...]

domestic violence penalty | Melbourne Family Lawyers

Domestic Violence Penalties in Victoria

Domestic violence encompasses a range of behaviours, including physical, sexual, emotional, and financial abuse. The penalties vary based on the severity and specifics of each case: 🔑 Key Takeaway: Penalties [...]

what to do if someone is stalking you | Melbourne Family Lawyers

What to Do If Someone Is Stalking You?

Knowing what to do if someone is stalking you is crucial for your safety and well-being. It’s important to take immediate action, such as documenting any incidents, informing trusted individuals, [...]

how to report breach of intervention order | Melbourne Family Lawyers

Breach of Intervention Order: Reporting Procedures and Defence Strategies

A breach occurs when the respondent violates the conditions of the intervention order. This could include: Imagine two individuals were in a marital relationship that ultimately led to divorce. After [...]

examples of physical abuse | Melbourne Family Lawyers

Examples and Impact of Physical Abuse

Examples of physical abuse encompass a range of behaviours where an individual uses physical force to harm another person. This type of abuse can include actions such as hitting, slapping, [...]

can the protected person contact the respondent | Melbourne Family Lawyers

Can the Protected Person Contact the Respondent?

When it comes to family violence intervention orders, a common question that arises is: can the protected person contact the respondent? The straightforward answer is that it depends on the [...]

how to withdraw an interim intervention order | Melbourne Family Lawyers

How to Withdraw an Interim Intervention Order: 4 Important Steps

Withdrawing an interim intervention order can be a complex process, but understanding the steps involved can make it more manageable. To withdraw an interim intervention order, you must apply to [...]

does an intervention order show on a police check | Melbourne Family Lawyers

Does an Intervention Order Show on a Police Check: Helpful 6-Point Guide

An intervention order may appear on a police check in Australia, particularly if it involves convictions or findings of guilt. However, the visibility of the order on a police background [...]

frivolous intervention orders | Melbourne Family Lawyers

Frivolous Intervention Orders

Frivolous intervention orders are legal orders that are deemed to lack serious purpose or merit. These orders, typically issued in cases of domestic disputes, aim to protect individuals from harassment, [...]

making a statement to police about domestic violence | Melbourne Family Lawyers

Making a Statement to Police About Domestic Violence

Making a statement to police about domestic violence involves providing a detailed account of the incidents of abuse or threats you have experienced or witnessed. This statement is a formal [...]

prenup vs will | Melbourne Family Lawyers

Prenup vs. Will: Let Us Help You Understand the Difference

When considering the management of assets, many Australians weigh the benefits of a prenuptial agreement (prenup) against those of a will. Both legal instruments serve to clarify the allocation of [...]

parenting with autism | Melbourne Family Lawyers

Parenting with Autism Guide

Parenting with autism refers to the unique challenges and strengths that autistic parents bring to their role as caregivers. Whether you are an autistic parent or a parent raising an [...]

can you record people without consent | Melbourne Family Lawyers

Can You Record People Without Consent?

In Australia, recording a conversation without the consent of all parties involved is generally illegal. This applies to private conversations and varies by state and territory. There are certain exceptions, [...]

court ordered dna test | Melbourne Family Lawyers

Court Ordered DNA Test: 5-Point Helpful Guide to Seeking Truth and Resolving Disputes

Parentage tests determining the child’s parent may be needed for family law matters such as child support payments, custody, access, inheritance, and adoption. But with these concerns, more issues arise, including [...]

best evidence for child custody | Melbourne Family Lawyers

Child Custody Preparation: Unveiling the Best Evidence

When involved in a custody case, presenting the best evidence for child custody is crucial to support your claims. Evidence plays a vital role in demonstrating your ability to provide [...]

annulment vs divorce | Melbourne Family Lawyers

Annulment vs. Divorce: 4 Key Differences

The key difference between an annulment and a divorce lies in the legal status of the marriage. An annulment declares that the marriage was never valid to begin with, essentially [...]

can my ex claim money from my new partner australia | Melbourne Family Lawyers

Can My Ex Claim Money From My New Partner Under Australian Law?

No, your ex cannot directly claim money from your new partner. The Family Law Act 1975 focuses on the assets, liabilities, and financial resources of the parties involved in the [...]

can my ex wife claim my lottery win | Melbourne Family Lawyers

Ex-Wives and Lottery Wins: Protecting Your Prize

So, you’ve hit the jackpot, and you’re probably wondering, “Can my ex wife claim my lottery win?” The short answer is it’s complicated but possible. Now, let’s dive into the [...]

permission to take child abroad | Melbourne Family Lawyers

Traveling Abroad with Kids: Divorced Parent’s Guide

Navigating the complexities of family law can be challenging, especially when it involves taking your child abroad. Understanding the legal requirements is important whether you’re planning a holiday or considering [...]

civil partnership vs marriage australia | Melbourne Family Lawyers

Civil Partnership vs Marriage Australia

In Australia, both civil partnerships and marriages are recognised forms of legally registered relationships, but they differ in terms of legal status, rights, and societal recognition. Understanding these differences can [...]

if you get married in vegas is it legal in australia | Melbourne Family Lawyers

If You Get Married in Vegas, Is It Legal in Australia?

Yes, if you marry in Las Vegas, your marriage is generally legal in Australia. However, you must follow specific requirements and steps to ensure your marriage is legally valid. When [...]

ex husband refusing to pay school fees | Melbourne Family Lawyers

Ex Husband Refusing to Pay School Fees: 5 Influencing Factors

If your ex-husband refuses to pay school fees, it is important to understand your legal rights and your options. In Australia, child support covers the important costs of raising a [...]

contested divorce | Melbourne Family Lawyers

Contested Divorce: 6 important Steps

A contested divorce is a legal proceeding in which one or both parties disagree on the terms of the divorce. Unlike an uncontested divorce, where both parties agree on all [...]

de facto visa australia student | Melbourne Fa

De Facto Visa for Australian Students: Eligibility and Process

When considering a de facto visa for Australia students, it’s important to understand the process, requirements, and benefits. This guide provides a detailed overview of how you can add a [...]

defacto visa break up | Melbourne Family Lawyers

Defacto Visa Break Up: 2 Possible Outcomes

Breaking up is never easy and can be even more complicated when you’re on a defacto visa in Australia. If you find yourself in this situation, it’s important to understand [...]

psychological effects of moving to another country as a child | Melbourne Family Lawyers

Psychological Effects of Moving to Another Country as a Child

Moving to another country can have profound psychological effects on a child. This significant life change involves leaving familiar surroundings, friends, and routines and adapting to a new culture, language, [...]

married overseas divorce in australia | Melbourne Family Lawyers

Married Overseas; Divorced in Australia

Marriage is a significant milestone in anyone’s life, and sometimes, individuals may choose to tie the knot overseas, creating unforgettable memories in a foreign land. However, divorce may become a [...]

how are assets divided in a divorce australia | Melbourne Family Lawyers

How Are Assets Divided in a Divorce Australia

Divorce can be emotionally tiring, and one of the most significant concerns for couples is the division of assets. The legal system in Australia follows a specific asset distribution approach [...]

bipolar mother and child custody

Can a Bipolar Parent Obtain Child Custody? Insights and Factors

It can be challenging and emotionally difficult for everyone resolving disputes involving children. This is especially true when one parent has a mental illness such as bipolar disorder. The family [...]