Articles & Cases
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 [...]
What is Duty of Disclosure in Family Law
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: Tips and Eligibility to Fight for Custody
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 [...]
How to Protect Your Inheritance from Your Spouse
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 [...]
Decree Nisi Australia: Requirements, Waiting Period and More
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 [...]
What Happens After Divorce is Granted: 9-Point Comprehensive Guide
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. [...]
How Do You Know When Your Marriage Is Over?
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 [...]
Do Grandparents Have Legal Rights to See Their Grandchildren: 2 Helpful Options
In Australia, grandparents do not have an automatic legal right to see their grandchildren. However, the Family Law Act 1975 recognises the importance of children maintaining a relationship with their [...]
Is a Step Parent a Legal Guardian: 6-Point Comprehensive Guide
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 [...]
Penalty for Hiding Assets in Divorce Australia
Divorce proceedings can be complex and emotionally draining, especially regarding the division of assets. In Australia, the law demands complete transparency and honesty in disclosing all assets and financial resources. [...]
5 Important Responsibilities of a Sole Carer
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 [...]
Benefits of Parallel Parenting
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 [...]
What Happens to Household Items and Personal Belongings After Separation?
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 [...]
Why You Should Not Lie To Family Report Writers
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: 3 Important Considerations
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 Intervention Order Last in Australia?
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 [...]
Interim Parenting Orders : A Comprehensive Guide
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 [...]
7 Possible Consequences of Hiding Income to Avoid Child Support
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 [...]
5 Warning Signs Your Ex Is Turning Your Child Against You
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 [...]
Benefits and Drawbacks of Bird-Nesting in Divorce
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 [...]
Understanding Sole Occupancy Orders
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 [...]
Parenting Agreement Frequently Asked Questions
Navigating the complexities of a parenting agreement can be overwhelming, especially during or after a separation or divorce. To help you understand the ins and outs of creating a solid [...]
Divorce Stamp Duty Exemption Ultimate Guide
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 [...]
Research on 50-50 Child Custody: Pros and Cons
Child custody decisions have a significant impact on the lives of children and their parents. In recent years, the concept of 50-50 child custody has received considerable attention, with many [...]
Divorce and Superannuation: All You Need to Know
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 [...]
If a Mother Dies, Does the Father Automatically Get Custody?
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 [...]
Who Pays the Mortgage After Separation in Australia?
Going through a separation or divorce is emotionally challenging, and one of the most pressing concerns is often the mortgage on the family home. Understanding your rights and obligations is [...]
All You Need to Know About Mediation for Separation
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 [...]
Will I Lose Custody If I Fail a Drug Test?
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 [...]
3 Important Factors Influencing Binding Financial Agreement Cost
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, [...]
Litigation Funding Family Law: 3 Helpful Benefits
Litigation funding in family law has emerged as a pivotal resource for individuals navigating the often complex and emotionally charged process of legal disputes within the family law sphere. This [...]
Financial Infidelity: 4 Important Signs
Financial infidelity occurs when partners in a committed relationship conceal or lie about their financial activities to each other. This can range from hiding small purchases to accumulating significant debts [...]
Can You Be Married and in a De Facto Relationship?
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 [...]
Tenant in Common vs Joint Tenants
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 [...]
My Husband Died While We Were Separated
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 [...]
Sleeping Arrangements for Child Custody Cases in Australia
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 [...]
Which Family Law Court in Melbourne?
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 [...]
Faster, Cheaper, Better: Out of Court Settlements Benefits
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
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 [...]
Is My Wife Entitled to Half My Limited Company?
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, [...]
Can a Separated Spouse Enter the Home?
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 [...]
Out of Court Settlements: 3 Advantages
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 [...]
Out of Time Property Settlements
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 [...]
Can a Gift Be Taken Back Legally
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. [...]
Will a Family Trust Protect My Assets?
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 [...]
Who Keeps the Engagement Ring After a Divorce Australia
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. [...]
Automatic Divorce After Long Separation Australia
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 [...]
Asset Pool Divorce: 10 Helpful Tips
Divorce is a challenging journey, not just emotionally but also financially. One of the critical steps in navigating through a divorce in Australia involves understanding and dividing the asset pool. [...]
Initial Contributions Family Law
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 Compensation and Claims
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 [...]
Financial Gifts vs. Loans: What Family Law Says
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 [...]
Is Mediation Legally Binding: 6 Important Takeaways
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 [...]
CGT on Divorce Settlement in Australia
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 [...]
Going to Court After Mediation: 6 Important Steps
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 [...]
How to Adopt a Child in Australia from Overseas
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 [...]
6 Benefits of Staying Married but Separated
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 [...]
Can My Ex-Partner Legally Change the Locks?
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 [...]
Gifting Money Before Divorce
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 [...]
Overview of Same-Sex Family in Australia
In Australia, about 11% of gay men and 33% of lesbians have children. These children might have been conceived in the context of previous heterosexual relationships or raised from birth [...]
What Happens if Parent Breaks Custody Agreement?
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 [...]