Changes to the Family Law Courts

Before 1 September 2021, the Federal Circuit Court of Australia and Family Court of Australia were two separate courts dealing with Family Law matters. The two courts had long delays from time of issuing a case to the final hearing. There was sometimes a confusing distinction between the courts which meant matters could be transferred […]

What happens to your jewelry after separation?

What to do with wedding ring and other jewelry after separation You are looking to separate from your partner. What happens to your engagement ring? What happens to the gold jewelry that Aunt Carol gifted you as a wedding present? Will my jewelry be included in the asset pool for the property division? As couples […]

Separation where Children are involved

Tending to your own needs after separation You may be going through a whole range of emotions like grief, sorrow, guilt, loneliness, anger, relief, or even feeling rejected. It is okay to feel these emotions as everyone processes their feelings differently and at different rates. The emotions you are experiencing at this moment may come […]

What to do before you apply for Parenting Orders

How do I apply for parenting orders? Did you know there are certain things you need to do before applying for parenting orders? These are referred to as pre-action procedures. The pre-action procedure applies to: anyone considering starting a case anyone named as a respondent if a case is started, and their lawyers (if any). […]

What is a prenup and do I need one?

What is a ‘Prenup’? When you are about to get married, it is not with the intention of getting divorced later in life. As such, the benefits of prenups are easily dismissed. There is an old saying that is applicable here: “Hope for the best, plan for the worst”. Putting a prenup in place is simply […]

The Best Interests of the Child – What it means to the court

When considering parenting orders the primary consideration for the court is to have regard to the best interests of the child. Primary Considerations The primary considerations of the court are to ensure: the benefit to the child of having a meaningful relationship with both of the child’s parents; and the need to protect the child […]

Family Violence Intervention Orders (FVIO)

What is a Family Violence Intervention Order? A Family Violence Intervention Order (FVIO) is a court order designed to protect a person by placing limits on the behaviour of another person. An individual or the police (on someone’s behalf) can make an application to the Magistrates’ Court for this against a family member. What is […]

What is an Advance Care Directive?

An advance care directive (ACD) is an important part of your end-of-life care it: formalises your advance care plan can contain all your needs, values and preferences for your future care and details of a substitute decision-maker is used by your medical decision maker after you are no longer able to make decisions for yourself […]

Parental responsibility and time spent with a parent

Difference Between Parental Responsibility and Time Spent With A Parent Parental responsibility and the time each child spends with their parents are often misunderstood to be the same thing. However, whilst there is a presumption of parental responsibility there is not a presumption about the amount of time the child spends with each of the […]

What are Parenting Orders and who can apply?

Things To Consider When Applying for Parenting Orders Parenting orders are orders made by the court regarding a child. The matters which may be dealt with by parenting orders include: The person/s with whom a child is to live; the time a child is to spend with another person or other persons; the allocation of […]