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 [...]
A custody agreement plays a crucial role in defining the rights and responsibilities of parents following a separation or divorce. However, there are instances where a parent may choose to [...]
The divorce process can be emotionally challenging and overwhelming, and one of the common questions that arise during this time is, “How long does a divorce take in Australia?” Understanding [...]
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 [...]
In Australia, de facto relationships are recognised under the law, and individuals involved in such relationships have certain de facto relationship break up entitlements and rights regarding separation and property [...]
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 [...]
The decision of changing name after divorce is personal, and the process can vary depending on individual circumstances. In this guide, we’ll explore the steps involved in changing your name [...]
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 [...]
In Australia, divorce laws are governed by the Family Law Act 1975, which applies uniformly nationwide. These laws are designed to be gender-neutral, ensuring fair treatment for both men and [...]
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. [...]
In the context of Australian family law, the entitlements of a wife in a divorce are not determined by a fixed formula or a set percentage but are based on a [...]
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 [...]
Surrogacy is the practice where a woman carries and gives birth to a baby for another person or couple. In recent years, gay couples in Australia have increasingly turned to [...]
Thorne v Kennedy is a landmark case in Australian family law that has set a precedent for prenuptial agreements. The case involved Ms. Thorne, a 36-year-old woman, and Mr. Kennedy, [...]
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 [...]
Failure to provide financial disclosure Australia can result in the court order being set aside. This is done under section 79A of the Family Law Act. The court has the [...]
Consent orders serve as a straightforward solution in family law matters, offering a clear path to resolve disputes without prolonged legal battles. In this article, we’ll explore the process of [...]
What Are Interim Orders? Interim orders are temporary orders made by the Family Court or the Federal Circuit Court to address urgent matters, primarily concerning the care of children. These [...]
Here’s a quick rundown of what happens at interim hearing family court: Pre-Hearing Preparation Before the interim hearing, both parties must prepare their case meticulously. This involves filing an application [...]
In Australia, there’s no specific age at which a child can unilaterally decide who to live with. The Family Law Act focuses on the “best interests of the child” as [...]
Here’s a rundown of the most common child impact report questions. What Is a Child Impact Report? A Child Impact Report is a professional assessment prepared by a Child Expert. [...]
Before we get into the nitty-gritty, let’s discuss why seeing a consent order example is crucial. Imagine you’re trying to assemble a puzzle but don’t have the picture on the [...]
Consent orders do not have a specific expiration date unless stipulated within the consent order itself. If the consent order pertains to parenting and children matters, it may expire when [...]
Once the judge seals a Consent Order, it becomes legally binding. This means that both parties must adhere to the terms set out in the Order. It has the same [...]
Consent Orders and BFAs are both legally binding methods to settle property matters when a relationship dissolves. However, their nature, creation, and enforceability differ. What is a Financial Agreement? A [...]
In the complex landscape of family law, the term “mistress law” may not be legal jargon. Still, it has become a colloquial expression to describe the legal implications surrounding extra-marital [...]
A 70/30 divorce settlement Australia refers to the division of assets where one party receives 70% and the other gets 30% of the total asset pool. Contrary to the popular [...]
Parents need to know what their rights and responsibilities are under Australian law when it comes to child custody and religion. The Family Law Act of 1975 controls child custody [...]
Yes, it is possible to file for divorce overseas if you were married in Australia. However, the process can be intricate and requires careful consideration of various legal aspects. Registering [...]
Choosing a competent and trustworthy lawyer is crucial for ensuring a fair and just resolution. However, circumstances may arise when a client needs to consider changing their lawyer. This article [...]
Moving with a child is a significant decision that requires careful consideration, especially when relocating beyond the current residence’s vicinity. In Australia, specific laws and guidelines govern moving with a [...]
Parental alienation is a distressing phenomenon when one parent attempts to manipulate and poison the relationship between a child and the other parent. In Australia, this emotional abuse is recognised [...]
When parents decide to separate or divorce, one of the most critical aspects to consider is child custody. One commonly discussed custody arrangement is the 60 40 split. In this [...]
When it comes to matters of child custody, many parents in Australia find themselves searching for effective ways to get full custody. The welfare of the child is of utmost [...]
Divorce or separation can be a challenging and emotional experience, especially when children are involved. Due to the unique demands and responsibilities of military service, additional considerations arise when one [...]
In family law cases involving separation or divorce, child custody arrangements are of utmost importance. While joint custody is often preferred, there are instances where pursuing sole custody may be [...]
When it comes to custody disputes, the Australian legal system follows the “best interests of the child” principle. This means that the child’s needs and welfare are the top priority [...]
Child custody swaps can be a challenging and emotional process for both parents and children. However, with the right approach, it is possible to make custody exchanges successful and stress-free. [...]
Going through a child custody case can be a stressful and emotionally draining experience for parents. Sometimes, after initiating legal proceedings for child custody, a parent may wish to withdraw [...]
Can You Get Child Support From Someone on Disability? Child support is an important financial resource for parents who have custody of their children. Child support payments are calculated based [...]
Child custody is a sensitive issue, especially when a parent gets sick. It’s essential to understand the laws and rights surrounding child custody to ensure that the best interests of [...]
Child custody living conditions is a question we frequently get asked about at our law firm. When determining what is in the best interests of a child, the court will [...]
When a new significant other is involved in a child custody battle, their relationship with the child may be taken into consideration. However, the relationship between the significant other and [...]
