Articles & Cases
The Updated Divorce Statistics in Australia
Marriages are filled with countless challenges and obstacles. Despite a couple’s best efforts, many relationships inevitably fall apart and end up in divorce. This is evident in Australia’s most recent [...]
How Long Does a Divorce Take in Australia
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 [...]
Is Gay Marriage Legal in Australia?
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 [...]
6 Significant Factors That Make a Parent Unfit for Custody
Child custody cases are delicate matters that require careful consideration to ensure the well-being and safety of the child involved. In Australia, family law emphasises the best interests of the [...]
Relocation and Custody Rights: What Happens Next?
Child relocation in family law refers to a situation where one parent wishes to move to a different location with their child, significantly impacting the child’s access to the other [...]
De Facto Relationship Break up Entitlements
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 [...]
Tips and Methods for an Ideal Child Custody Vacation Schedule
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 [...]
Changing Name After Divorce: 7 Important Steps
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 [...]
Understanding Emancipation from Parents
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 [...]
My Ex Won’t Sign Divorce Papers Australia
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 [...]
Advice for Men on Aspects of Divorce
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 [...]
5 Factors to Consider When Filing for Child Custody
Child custody proceedings can be emotionally challenging and legally complex. When it comes to filing for child custody in Australia, understanding the necessary paperwork is crucial. This article serves as [...]
A Helpful Guide to Co Owning a House After Divorce Australia
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 [...]
What Are Same Sex Denied Rights?
In discussing equal rights, the question “What rights are same-sex denied rights?” is crucial. Despite progress in legislation, same-sex couples continue to face discrimination, particularly in financial and work-related entitlements. [...]
Can a Prenup Be Thrown Out: 5 Reasons You Should Know
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 [...]
5 Benefits of a Same-Sex Prenuptial Agreement
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 [...]
Divorce in Islam: Does Islam Recognise Divorce?
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 [...]
Can Both Parents Be The Primary Carer?
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 [...]
How to Separate Amicably?
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 [...]
What a Woman Should Seek in a Prenuptial Contract
When thinking about a prenup, women, just like men, have certain things they might want to make sure are covered to protect themselves financially and personally. These could include keeping [...]
Do Both Parents Need to Sign School Enrollment?
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. [...]
What Is My Wife Entitled to in a Divorce Australia
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 [...]
I Bought a House With My Girlfriend in Australia and Now We Have Broken up
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 [...]
Can You File for Custody Without a Lawyer?
Fighting for child custody can be incredibly difficult, which is why some people refer to it as a “child custody battle.” While it’s typically done with legal advisers, some people [...]
Facing Consent Order Rejection: Reasons and Potential Impact
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 [...]
How Do I Protect My Assets in a Second Marriage
Entering into a second marriage brings with it a unique set of financial considerations, especially when it comes to protecting your assets. It’s not just about ensuring your financial security, [...]
Revoke Intervention Order: All Your Questions Answered
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 [...]
What to Do If You Face False IVO Claims
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 [...]
5 Essential Reasons to Extend IVO
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 [...]
Dispelling the Myths of Mother’s Automatic Custody
Child custody disputes can be emotionally stressful for parents going through a divorce or separation. In Australia, the child’s welfare and best interests are given top priority while deciding on [...]
How to Get Married in Australia for LGBT Foreigners
“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 [...]
Gay Couples and Surrogacy: The Australian Perspective
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 [...]
The Current State of Same-Sex Adoption in Victoria
According to a recent article, fewer than five same-sex couples have been approved for adoption in Victoria since 2017. This low number raises questions about the effectiveness of the legal [...]
Thorne v Kennedy: An Australian Family Law Landmark Case
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, [...]
How to Protect Your Assets in a De Facto Relationship?
In protecting your assets while in a de facto relationship, consider entering into a Binding Financial Agreement (BFA) with your partner. These legal documents outline how assets will be divided [...]
4 FAQs on How to Divide Assets in a De Facto Relationship
In Australia, the division of assets in de facto relationships is not a straightforward 50/50 split, as commonly believed. Instead, it’s a complex process governed by the Family Law Act, [...]
Ending a De Facto Relationship in Victoria
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. [...]
Advantages and Disadvantages of a De Facto Relationship
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 [...]
Is a De Facto Partner Considered a Spouse? Exploring Legal Definitions
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: 5-Point Helpful Guide
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 [...]
Application for Consent Orders: Quick Guide
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 [...]
Interim Order Family Court: A 4-Point Comprehensive Guide
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 [...]
What Happens at Interim Hearing Family Court?
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 [...]
At What Age Can a Child Decide Who to Live With?
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 [...]
Child Impact Report Questions: 9 Helpful Answers You Need to Know
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. [...]
Consent Order Examples You Should Know
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 [...]
Do Consent Orders Expire?
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 [...]
Parenting Plan vs Consent Orders: Key Differences
Both Parenting Plans and Consent Orders serve as tools to guide separated parents in their shared responsibility of raising their children. Parenting Plan vs Consent Orders, though different, both prioritise [...]
What Happens After a Consent Order is Sealed by a Judge
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 Order vs Financial Agreement: 5 Key Differences
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 [...]
Parental Responsibility in Australia: A 4-Point Comprehensive Guide
Parental responsibility is a pivotal concept in family law, especially when dealing with matters that concern children. In Australia, the emphasis is always on the best interests of the child. [...]
Trial Separation: Benefits, Tips, and Checklist
A trial separation is a period where a couple decides to live apart while still being legally married. Unlike a legal separation, which involves lawyers and formal agreements, a trial [...]
Mistress Law in Australia: 4 Important Considerations To Protect Your Best Interests
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 [...]
The 70/30 Divorce Settlement in Australia
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 [...]
Frequently Asked Questions About Child Custody and Religion
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 [...]
Married in Australia; Divorced Overseas
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 [...]
Separation Under One Roof: Is it Possible?
In recent times, an increasing number of Australian couples have found themselves in a unique situation known as “living separated under one roof.” This term refers to couples who have [...]
When and How to Change Lawyers During a Legal Case
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 [...]
How Far Away Can I Move with My Child Australia
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 [...]
5 Things You Can Do to Fight Parental Alienation in Court
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 [...]