Free family law resources & articles

Keeping Property Separate Does Not Always Prevent a Property Settlement

2 December 2021, By Brett Hartley of Hartley Family Law     The July 2021 Full Court decision of Oamra -v- Williams [2021] FamCAFC 117 (13 July 2021) is an important reminder that the discretion as to whether the Court should alter …

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I Have been served with a Protection Order – What should I do now?

2 November 2021, By Dora Ko of Hartley Family Law     When a Protection Order Application is taken out by your ex-spouse, they are making allegations that you have committed domestic violence against him or her and / or you have …

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Business Valuations – Is a range of possible values a good thing?

20 September 2021, By Brett Hartley of Hartley Family Law     In Family Court matters, the parties will often engage a Single Expert Forensic Accountant to value a parties business interest as part of the overall identification and valuation of property …

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The impact of inheritances in family law property division

20 September 2021, By Brett Hartley of Hartley Family Law     A recent Full Court decision in June 2021, highlighted the fact that all inheritances are not treated equally.    The case involved a long marriage with adult children. Both the …

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How do I prepare for Family Report Interviews?

24 June 2021, By Niki Schomberg of Hartley Family Law     If you and your ex-partner cannot agree upon care arrangements for your children, the court may order that you obtain a family report. A family report is generally prepared by …

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What if my partner will not sign a Prenup?

2 June 2021, By Niki Schomberg of Hartley Family Law     ‘Will you sign a prenup?’ It is certainly an unromantic conversation to have with your partner. But what if they say “no”? Well, short of remaining single, the other strategy …

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Can I transfer money from the joint bank account after separation?

4 May 2021, By Niki Schomberg of Hartley Family Law Yes. But we do not recommend this in all circumstances because it can potentially blow up any goodwill between you and your ex-partner and make it more difficult to resolve your …

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Keyboard warriors beware in your family law matter

Below is a short excerpt of some of the text messages between parents in the case of Beach and Watson [2017] FamCA 151: Mum to dad: I had lunch at my nanna house. Been trying to get away but had to feed B. Hope …

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Unwinding Complex Family Law Financial Disputes – Part 1 – Choosing the Right Family Lawyer

The process and concepts to be applied by a family lawyer when dealing with a complex financial matter are really no different to those involved in a straightforward financial matter. There are still four basic steps to a just and equitable …

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The Importance of Due Diligence before drafting a BFA / Pre-nuptial

In my view, it is becoming increasingly more important for parties to seriously consider entering into a Financial Agreement that is binding (colloquially called a pre-nuptial agreement) before entering second or third relationships. The reason for this is the ongoing uncertainty …

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Parenting Arrangements – 5 nights v week about

We often have disputes where clients will be contesting the difference between four or five nights a fortnight and a week about arrangement. It got me thinking as to what the real differences are (if any) that drives these disputes.  The …

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Property Settlements in a Pandemic

Covid 19 Property Settlements – should we settle amongst the uncertainty? In early March of 2020 Covid 19 or the Coronavirus pandemic sent the entire world into “unprecedented times”.   A vast proportion of businesses and industries were forced into mandatory stand …

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