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 [...]
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 [...]
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 [...]
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 [...]
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 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 [...]
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 [...]
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 [...]
Adopting a child from overseas is a noble and life-changing decision that involves a comprehensive process to ensure the welfare of the child. In Australia, the intercountry adoption process is [...]
In the complex landscape of relationships, the decision to stay married but separated presents a unique middle ground for couples facing uncertainty or transitions. This arrangement can offer both emotional [...]
Navigating through the aftermath of a separation or divorce can be challenging, especially when it comes to matters concerning the family home. One question often arises is, “Can my ex-partner [...]
Amongst the complexities of divorce, gifting money before a divorce often emerges as a grey area. In Australia, understanding how these gifts are treated in the context of a property [...]
Yes, gay marriage in Australia is governed by federal law, and the legislation that addresses this issue is the Marriage Amendment (Definition and Religious Freedoms) Act 2017. Here’s what the [...]
Child custody vacation schedules are an important aspect of family law in Australia. When parents separate or divorce, they must agree on how they will share parental responsibilities, including vacation [...]
Emancipation from parents is a legal process that allows minors to gain independence from their guardians before reaching the age of majority. This process in Australia is not as commonly [...]
If your ex won’t sign the divorce papers in Australia, you must know that you can still proceed with the divorce. Australian law allows for a divorce to be granted [...]
Yes, co-owning a house post-divorce in Australia is indeed possible. This situation arises when divorcing couples decide to retain their joint property instead of selling it or transferring it to [...]
In Australia, prenups are legally recognised as financial agreements under section 90B of the Family Law Act 1975 and are generally binding and enforceable. However, there are scenarios where a [...]
In recent years, same sex prenuptial agreements have gained prominence in Australia, reflecting the growing recognition of LGBTQ+ rights and relationships. These legal agreements play a pivotal role in safeguarding [...]
Islam indeed recognises divorce, but it is considered a last resort. Marriage in Islam is seen as a contract and a significant commitment filled with mercy, compassion, and tranquillity. Although [...]
In the realm of family law and social security in Australia, a frequently asked question is: “Can both parents be the primary carer?” The straightforward answer is no. Australian law [...]
Separating amicably is a separation process that involves open communication, cooperation, and respect for each other’s needs and wishes. This guide will explore the steps and strategies to achieve an [...]
When it comes to enrolling a child in school, especially in the context of parental separation or divorce in Australia, it’s important to understand both parents’ legal responsibilities and roles. [...]
Can a de facto take half house after a breakup? When a de facto couple in Australia who co-owns a house goes through a breakup, the fate of their shared [...]
In family law and other legal disputes in Australia, consent orders play a crucial role. They are agreements made between parties and approved by a court, offering a legally binding [...]
Intervention orders are legal mandates designed to protect individuals from harmful behaviour such as stalking, harassment, or domestic violence. Understanding when and how to revoke an intervention order is crucial [...]
Being slapped with a false Intervention Order (IVO) claims can be a harrowing experience. Your reputation, personal life, and even your freedom could be at stake. So, how do you [...]
Intervention Orders (IVOs) are legal instruments designed to protect individuals from family violence or harassment. While these orders are effective for a set period, there are instances where extending an [...]
“How to get married in Australia for LGBT foreigners?” you ask. The answer is simple: meeting the eligibility criteria, gathering the required documents, and following the legal marriage process. Australia [...]
Ending a defacto relationship in Vic can be a complex process. While it may not involve the formalities of a divorce, there are still legal considerations to keep in mind. [...]
When it comes to relationships, the term “de facto” has gained significant legal standing in Australia. While many consider de facto relationships a more flexible alternative to traditional marriage, weighing [...]
A de facto relationship exists when two people, regardless of gender, live together on a genuine domestic basis. However, you’re not in a de facto relationship if you’re legally married [...]
