Family Law Act amendments: Parental responsibility and equal time

The recent passing of the Family Law Amendment Act 2023 on October 19, 2023, ushers in significant changes to the existing framework established back in 2006. One of the primary amendments involves eliminating the presumption of equal shared parental responsibility (ESPR). What is parental responsibility? It encompasses the duty parents carry in making crucial, long-term […]

How Emotions Can Impact Your Family Law Matter: The Cost of Non-Commercial Decision Making

Navigating the realm of family law is inherently emotional. Whether it’s a divorce, child custody dispute, or property settlement, these are deeply personal issues that stir profound emotions. However, allowing these emotions to dominate can significantly impact the quality of decisions one makes, often leading to outcomes that are less commercially sound. The Emotional Landscape […]

Applying for Divorce 

Applying for Divorce in Australia In Australia, a ‘no-fault’ system is adopted for divorce cases. The single justification for divorce is the ‘irretrievable breakdown’ of a marriage, indicative of no real possibility of reconciliation. Jurisdiction to order the dissolution of marriage is held by the Federal Circuit and Family Court of Australia (FCFCOA) under the Family Law Act […]

Global v Asset by Asset Approach in Property Settlement 

Global v Asset by Asset Approach in Property Settlement The Family Law Act 1975 (Cth) of Australia provides a framework for determining the division of assets and liabilities when a marriage or de facto relationship ends. This legislation does not differentiate between “long” or “short” relationships explicitly; rather, it mandates the evaluation of numerous factors, including the length […]

Understanding Cryptocurrency in Family Law

Understanding Cryptocurrency in Family Law The Family Law Act 1975 (Cth) mandates an equitable distribution of marital wealth following the termination of a marriage in Australia. This distribution typically encompasses tangible possessions such as family residences and automobiles, as well as investment assets like superannuation. Nevertheless, the dynamic landscape of the digital world has given rise to a […]

Inheritances and Impacts on Property Settlement

Will my inheritance be included in the property settlement? When you are separating, your assets and liabilities will be divided between the parties, referred to as a property settlement. If an inheritance is received by one of the parties, the way it is dealt with in a property settlement is dependent on the circumstances of […]

What are my Child Support Options?

Child support payments cover reasonable living expenses of a child. For example, food, housing and accommodation, clothing, school fees and medical expenses. Child support can be formalised through a private agreement between the parties. This can come in the form of a Binding Child Support Agreement, or a Limited Child Support Agreement. Binding Child Support […]

Will my inheritance be included in the property settlement?

When you are separating, your assets and liabilities will be divided between the parties, referred to as a property settlement. If an inheritance is received by one of the parties, the way it is dealt with in a property settlement is dependent on the circumstances of the case. It is a common misconception that inheritances […]

How long does property settlement take in Australia?

What is involved in a property settlement? Unfortunately, there is no simple way to determine how property should be divided, and it depends on the relationship’s circumstances. Our experienced family lawyers are here to help to explain this process and assess your circumstances to help you understand your entitlements for a property settlement. In summary, the […]

Preparing for Family Dispute Resolution (FDR)

What is FDR? Family Dispute Resolution (FDR) is a common type of mediation that helps parties going through separation or divorce to talk about their issues in dispute, consider different alternatives, and try and reach a solution together. It is an affordable, timely and less stressful way for parties to make their own decision about […]

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