The Family Court and de facto relationships

Over the last decade an increasing number of Australians are living in de facto relationships, while marriage rates have fallen.  Reflecting this societal change, the law was changed in 2009 (2002 in Western Australia) so that the same law now applies to separating de facto couples as applies to separating married couples.  That is, any [...]

By | August 23rd, 2017|Uncategorized|0 Comments

Why it’s a bad idea to write your own Will

It is relatively easy to find a free Will template on the internet and fairly cheap to buy a Will “kit” from a newsagent or online. There are also websites that have “data collectors” that take your information and create a Will for you seemingly without any legal expertise required. So, is it really a [...]

By | August 23rd, 2017|Uncategorized|0 Comments

Understanding Child Support

Family law principles recognise that both parents of a child should be financially responsible for his or her care, regardless of the parents’ marital status, past or present relationships or involvement in the child’s life. The child support scheme in Australia is regulated through various laws and administered by the Department of Human Services (Child [...]

By | August 23rd, 2017|Uncategorized|0 Comments

The power of the ATO and family law settlements

Many clients come to see a family lawyer wanting to talk about issues related to the ATO, while others haven't turned their minds to their own tax affairs for some time. Generally, we find there is a misunderstanding about the role and power of the ATO in family law property settlements.   Family law property [...]

By | April 26th, 2017|Uncategorized|0 Comments

Immunisation and Family Law

Some Australian parents have recently begun to question whether to immunise their children, expressing concerns about possible side-effects risks associated with childhood vaccinations.  But what happens if parents are separated and can’t agree?   Background Childhood vaccines, introduced in 1932, are said to have greatly reduced illness and deaths from diseases such as whooping cough, [...]

By | April 26th, 2017|Uncategorized|0 Comments

Inheritances and family law

Families and money can sometimes be a volatile combination. That is never more so than when divorces and Wills are concerned.   When is an inheritance an asset for family law purposes? The simple answer is “almost always”. But the answer is not always simple.   Why is an inheritance an asset? When a separating [...]

By | February 24th, 2017|Uncategorized|0 Comments

Foreign Divorces – are they legal in Australia?

In certain circumstances a divorce granted overseas, even of a marriage performed in Australia, can be recognised here. In this article we look at the factors that the Court will take into account before recognising a foreign divorce.   Divorce in Australia Briefly, in order for a married couple to get divorced in Australia they, [...]

By | February 24th, 2017|Uncategorized|0 Comments

Being the executor in a deceased estate

After a person dies someone has to look after the assets of that person and pay the person's debts. Although the person is no longer here, his or her affairs must be finalised. The person to finalise the affairs is appointed by the Will of the deceased. Where a person is appointed by a Will, [...]

By | February 23rd, 2017|Uncategorized|0 Comments

Family law restraining orders – Things you need to know

Many people going through a relationship breakdown want a Court order restraining or stopping their former spouse or partner from doing something.  Those circumstances include: personal protection of that party or the children sole occupation of the former home protection of property. While parties often want a restraining order, such orders are not appropriate [...]

By | October 24th, 2016|Uncategorized|0 Comments
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