Articles & Cases
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: 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?
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 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?
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, [...]
Custody Settlements: Deciding Between Court or Negotiation
Reaching a mutually agreeable settlement can be challenging, and it requires both parties to be willing to work together and compromise. In this article, we’ll provide some tips on how [...]
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: 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 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?
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 [...]
Divorce Filing Fee in Australia: Comprehensive Guide
The cost of filing for divorce in Melbourne, Australia, is $1,100 as of July 2024. This fee is set by the Federal Circuit and Family Court of Australia and is [...]
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: 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 [...]
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 [...]
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: 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 [...]
What Is Spousal Maintenance?
Spousal maintenance is a legal obligation for one partner to support the other after separation or divorce financially. In Australian law, this is governed by the Family Law Act 1975. [...]
2 Types of Intervention Orders and Their Differences
Intervention orders are a cornerstone of personal and public safety in Australia. They serve as a legal barrier between you and someone who poses a threat to your well-being. However, [...]
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
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?
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 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?
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, [...]
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 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, [...]
Navigating Personal Safety Intervention Orders
A Personal Safety Intervention Order (PSIO) is a legal measure designed to protect individuals from physical or psychological harm caused by someone who is not a family member. This court-issued [...]
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: 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 [...]
DIY Prenuptial Agreement Australia: Steps and Pitfalls
A prenuptial agreement, also known as a Binding Financial Agreement (BFA), outlines how assets and liabilities will be divided if the marriage ends in divorce. To draft a prenuptial agreement [...]
What Happens at a Final Restraining Order Hearing?
When attending a final restraining order hearing in Australia, the court will decide whether to grant a final restraining order based on the evidence presented by both parties. This hearing [...]
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
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, [...]
Legal Guide to Intervention Orders Against a Child
An intervention order against a child is a legal order issued by a court to protect an individual from harm or harassment caused by a child. This order can be [...]
Emergency Housing Solutions for Domestic Violence Survivors
Domestic violence emergency housing provides immediate and secure accommodation for individuals and families fleeing abusive situations. These services are designed to offer a safe environment where victims can access the [...]
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 [...]
What Happens If You Sign a Prenup and Get Divorced
When you sign a prenuptial agreement (prenup) and later get divorced, the terms outlined in the prenup will generally determine how your assets and liabilities are divided. This legally binding [...]
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 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?
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, [...]
Who Gets to Stay in the House During Separation Australia
Separation is often a challenging and emotional process, especially when it comes to determining living arrangements during this period. The question of who gets to stay in the house during [...]
All About Changing a Consent Order
Absolutely, changing a consent order is possible, but it’s not a walk in the park. You’ll need to establish that there’s been a significant change in circumstances since the original [...]
Expert Advice After Receiving Family Law Court Applications
Sometimes, the first you know about your spouse or ex-partner taking Family Law Court action against you is when a process server knocks on your door to serve you with [...]
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 [...]
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: 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 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 [...]
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 [...]
8 Purposes of Mediation For Your Convenience
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 [...]
Is It Allowed for a Child to Testify in Custody Court Cases?
Child custody disputes can be some of the most challenging and emotionally charged legal cases that families can face. The court will consider several factors when determining the best interests [...]
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
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?
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: 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: 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 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: 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
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; 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
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 [...]