Same Sex Marriage in Australia

Same-sex marriage in Australia Marriage equality is legal in Australia. Same-sex couples have been able to marry each other since the 9th of December 2017, when the Australian parliament passed a bill to change the definition of marriage. The Marriage Amendment (Definition and Religious Freedoms) Act 2017 redefined marriage as “the union of two people to […]

Complying with Parenting Orders

What happens if I do not comply with parenting orders? Unless your child’s safety is at risk and/or you can establish that there is a ‘reasonable excuse’ for contravening a Court Order, you are required to and should always comply with parenting orders. If you are unable to establish that you had a ‘reasonable excuse’ […]

A Grandparents Rights

What are the Grandparents’ Rights In Australian family law, grandparents do not have any specific rights in relation to the care, upbringing or custody of their grandchildren. However, children have a right to see and spend time with extended family members, including grandparents. As people who are concerned for the care, welfare and development of […]

What are Child Support Payments?

What are Child Support Payments Child support payments are made by people to provide financial support to children from their previous relationships. Child support payments are usually made by the parent with whom the child does not primarily live. The child support scheme is run by the Department of Families, Fairness and Housing (DFFH). Payments […]

Standard Will vs Testamentary Trust Will

Will or Trust Estate Planning In recent years the need for effective structuring of personal and business assets has been brought to the forefront of the minds of business owners and high net worth individuals. Key changes to the taxation regime, family law property division, and increasing amounts of wealth being accumulated in superannuation funds […]

Pets – Personal Property or Family Members?

During a relationship, especially a long one, many couples purchase a pet who end up becoming beloved family members in the owners’ eyes, so any suggestion that they should not be treated in the same way as children is met with surprise. How are pets treated in family law? As much as we see our […]

Financial Gifts

How does the Court treat money given to me by my parents? Money received from family members during the relationship may be considered a “contribution” to the relationship. Whether the money given to the parties or one of them during the relationship is a loan or a gift will often only become contentious once they […]

How are our assets valued during a Separation?

How do we decide what our assets are worth? Determining the value of the matrimonial assets is an essential step to resolving family law property matters. The value of certain assets can become contentious between parties to family law property negotiations and court proceeds. Some categories of property for which the value is often contentious […]

Separation and Key Things To Consider

What is Separation? Separation is the end of the relationship with your spouse or de facto partner. This can be a stressful and hard time for the parties to the relationship and the family unit. When you separate, you will need to make some decisions about things such as parenting arrangements, and your assets, liabilities, […]

In Australia how are assets divided in separation?

Separating from a relationship can be a stressful time in your life and there are many things to consider and work out between the parties to the relationship. At The Family Lawyer, we are here to help you understand the key terms and provide you with advice to navigate this difficult time. Firstly, the terms […]

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