20 Most Commonly Asked Questions
1. How long does it take to resolve a family law matter? This is a very difficult question, but in most cases, your family lawyer should be determined to resolve your matter as quickly as possible for you. If you and your ex-partner are able to come to an amicable agreement, then consent documents can […]
The Family Business in Divorce
Typically, during a relationship, the parties may have conducted a business through a Trust or company, or alternatively, have an interest in a business conducted by family members. The spouse’s interest in that business needs to be identified and valued as part of the property settlement process. If the business is conducted through a Trust […]
Superannuation in Family Law
Superannuation interests in Australia are treated as property interests and needs to be identified and valued. In most cases, the superannuation will not be available to the parties as they have not yet reached a relevant retirement age and/or retired from the workforce. However, that does not prevent the Court from effectively valuing and treating […]
Spousal Maintenance – Some Essential Facts
There is no automatic right to spousal maintenance upon separation. If a party is unable to inadequately support themselves, and if the other party has the capacity to contribute to the other party’s support, then the Court can make Orders for one party to pay spousal maintenance to the other. Typically, such spousal maintenance payments […]
Property Settlement – Some Essential Facts
The Law says that property settlement must be just and equitable and that it also must be just and equitable to make an Order in the first place that alters or changes interest in property. There must be an identification of each party’s interest in property and the value of that property. The contributions that […]
Prenuptial Agreements/Binding Financial Agreements – Important Facts
These are lawful in Australia and can be entered into by parties (de facto or married) prior to entering into a relationship, during the relationship or after separation. The agreements deal with how property settlement and spousal maintenance is to be dealt with upon separation and they do not come into effect until the parties […]
Parenting & Children Matters – Some Essential Facts
Each parent has parental responsibility of their child, which allows them to independently make short term and long term decisions about a child’s welfare. When parties separate, the Law can make Orders requiring the parties to exercise that responsibility jointly, or, the Court can order for one party to have responsibility for certain long term […]
International Matters
The Family Court in Australia will usually hear a property dispute unless it is held to be clearly an inappropriate forum to deal such dispute. The Australian Family Law Court system can identify and value the assets of each party, no matter where they are situated in the world and each party has an obligation […]
Inheritance or Gifts in Family Law
There is no presumption or rule that excludes inheritances or gifts from property settlement after parties separate. It is important to remember that it is the current assets that must be identified and valued and not just assets that existed at separation. For example, if one receives an inheritance post separation, it must still be […]
HOW THE COURT DETERMINES PROPERTY SETTLEMENT
It is important to remember that the notion of fault is irrelevant when the Court makes an Order for property settlement. The conduct of one party who is to blame for the breakdown of a relationship is not important in the course of determination of a just and equitable property settlement. There are some limited […]
Finalising the Deal
It is important to finalise and document most arrangements post separation. In relation to parenting matters, this can be done by way of a Parenting Plan or Parenting Orders. Although, if parties are cooperative and coparent well, then they may not need Orders or Plans in place. In relation to property settlement, it is usually […]
Family Law – Some Essential Facts
Our parenting, property and maintenance laws apply equally to de facto relationships, as they do to married couples generally throughout Australia. If you are in a de facto relationship, then in order to be able to file for relief in the Court, you must have been together in a de facto relationship for at least […]
