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 [...]
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 [...]
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 [...]
Mediation is essential to the Australian legal system and crucial in resolving disputes outside the courtroom. As an alternative dispute resolution (ADR) method, the purpose of mediation aims to facilitate [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 [...]
Family law in Australia is designed to protect the interests of all parties involved in a dispute, notably regarding property settlement, financial matters, and parenting arrangements. The duty of disclosure [...]
Custody battles can be a challenging and emotional experience for both parents and children. The Family Law Act of 1975, which prioritises the child’s best interests, governs custody disputes in [...]
Inheriting assets or wealth from a loved one can be a bittersweet experience. Still, it also raises important considerations, especially when you have concerns about protecting your inheritance from your [...]
A decree nisi refers to a provisional order by a court in Australia that signifies the court is satisfied that the applicant is entitled to a divorce However, the divorce [...]
The marriage is legally dissolved when a divorce is granted, and both parties are to remarry. However, this is just the beginning of several legal and personal steps that follow. [...]
Knowing when your marriage is over can be one of the most challenging and heart-wrenching realisations. It involves recognising persistent patterns of negative interactions, emotional distance, and an overall lack [...]
In Australia, a step-parent is not automatically considered a legal guardian of their stepchildren. Legal guardianship involves a set of responsibilities and rights regarding the care and decision-making for a [...]
A sole carer is an individual who is the primary provider of care and support for someone who is unable to care for themselves independently. This role often arises in [...]
Parallel parenting is a method of parenting often employed by divorced or separated parents who experience a high level of conflict. Unlike co-parenting, which involves more collaboration and communication, parallel [...]
In Australia, the law provides a framework for dividing property, including household items and personal belongings, after a separation. This framework aims to ensure a fair and equitable distribution based [...]
In Australian family law proceedings, lying to a family report writer is a serious matter that can significantly impact the outcome of your case. Family report writers, also known as [...]
Post-separation contributions refer to the financial, non-financial, and parental efforts made by parties after the breakdown of a relationship. In Australian family law, these contributions significantly impact the fair and [...]
How long does an IVO last in Victoria? In Victoria, the duration of an Intervention Order (IVO) is not set in stone and can vary greatly depending on the circumstances [...]
An interim parenting order is a temporary order made by the Family Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to address immediate and [...]
In Australia, child support is a legal responsibility intended to help cover the costs associated with raising children after a separation or divorce. Unfortunately, some parents attempt to evade this [...]
Parental alienation is a form of emotional abuse often following separation or divorce, where one parent manipulates their child to turn against the other parent. Parental alienation occurs when one [...]
Bird nesting divorce, a co-parenting arrangement gaining traction among separating couples, involves children remaining in the family home while parents take turns living with them. This model prioritises the stability [...]
A sole occupancy order is a legal directive issued by the family courts in Australia which grants one partner exclusive rights to reside in the matrimonial home during separation or [...]
Navigating through a divorce can be a complex and emotionally taxing process, especially when it comes to the division of assets and property settlements. An aspect that often brings relief [...]
Aside from being challenging and emotionally stressful, divorce often involves the division of assets, including superannuation. In Australia, superannuation is considered a valuable asset, and understanding the legal framework surrounding [...]
In the unfortunate event of a mother’s passing, questions often arise about who will care for the child. It’s important to note that the father does not automatically gain child [...]
Mediation for separation is an increasingly popular method for resolving disputes during divorce or the dissolution of a marriage or de facto relationship. It offers a structured environment where parties [...]
Failing a drug test during custody proceedings does not automatically result in losing custody of your child, but it can significantly impact the court’s decision. The Family Court’s primary concern [...]
When considering the legalities of managing assets and financial matters, especially in a relationship breakdown, the Binding Financial Agreement (BFA) cost often comes to the forefront of discussions. In Australia, [...]
Yes, you can be married to one person and in a de facto relationship with another simultaneously, at least in Australian family law. The law recognises de facto relationships even [...]
At its core, the distinction between a tenant in common and a joint tenant lies in the ownership share and the rights upon an owner’s death. Tenant in Common: In [...]
Losing a partner is an indescribably profound sorrow, a situation that becomes even more complex when the death occurs amidst a separation. “My husband died while we were separated” is [...]
When parents separate, or divorce, one of the most critical and challenging issues to resolve is the custody arrangement for their child. Deciding where the child will reside, who will [...]
Understanding the role of courts in child custody matters is crucial for parents navigating the complexities of family law. In Melbourne, several courts play pivotal roles in addressing child custody [...]
In legal disputes, particularly within family law in Australia, an out-of-court settlement often emerges as a beacon of resolution, offering a pathway to resolve conflicts without the need for protracted [...]
Caveatable interest family law is someone with a legitimate claim or interest in the property. In Australian law, a caveat is a document that can be lodged. It doesn’t create [...]
When facing divorce, one of the most pressing questions for business owners is, “Is my wife entitled to half my limited company?” The straightforward answer is not necessarily. In Australia, [...]
Navigating the complexities of separation can be challenging, especially when it comes to understanding the rights and limitations regarding the marital home. A common question that arises is, “Can a [...]
In legal disputes, particularly within family law in Australia, out-of-court settlements often emerge as a beacon of resolution, offering a pathway to resolve conflicts without the need for protracted court [...]
In the intricate world of family law, the concept of “out of time” property settlements emerges as a significant hurdle for individuals who have separated or divorced. In Australia, the [...]
In the context of property settlement, the question of whether a gift can be taken back legally becomes pertinent when determining the division of assets and understanding each party’s entitlements. [...]
In asset protection and estate planning, family trusts often emerge as a beacon of hope for safeguarding one’s wealth. But the burning question remains: Will a family trust protect my [...]
In Australia, the question of who keeps the engagement ring after a divorce hinges on several factors, including how the ring was acquired and the intentions of both parties involved. [...]
In Australia, the concept of an automatic divorce following a long period of separation is a common misconception. Divorce is not automatically granted following a lengthy separation period, no matter [...]
Understanding the nuances of “initial contributions family law” is crucial for anyone navigating the complexities of property settlements in Australia. When relationships come to an end, determining how assets and [...]
Personal injury settlements are agreements between the injured party and the responsible party (or their insurer) to compensate for injuries and losses. These settlements can cover various damages, including medical [...]
Family law‘s distinction between a gift and a loan can significantly impact financial agreements and property settlements. This differentiation is not just a matter of semantics but a critical factor [...]
Mediation is a voluntary process in which a neutral third party, known as a mediator, helps disputing parties reach a mutually acceptable agreement. It’s a flexible and confidential way to [...]
Going through a divorce or separation can be a challenging time, not only emotionally but also financially. One critical aspect that often gets overlooked until the later stages of property [...]
When mediation concludes without a resolution or if one party fails to uphold their end of a mediated agreement, the next step often considered is going to court. This transition [...]
