We have put together some helpful resources to guide you when navigating legal waters. This is your first stop when looking for advice, information or if you just have some questions and curiosities.
Post Separation Assets
How post-separation assets are treated by the Family Court? The date of separation, and therefore, the timing of a contribution to an asset made post-separation by one party, can be very relevant. A ‘post-separation contribution’ is a contribution ...
Consider Mediation
Why separating couples should try mediation When there is a breakup, it can leave people with a feeling that if they can’t agree to be together, how will they decide the rest and their first reaction may be ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
COVID-19 Vaccinations and Parenting Matters
How the courts deal with vaccinations generally When parents separate, issues regarding the ongoing care and welfare of the children will often arise and with the release of the new COVID-19 vaccines, the immunisation of children is slowly ...
All about the Genuine Steps Certificate
All about the Genuine Steps Certificate As of 1 September 2021, The Family Court of Australia and the Federal Circuit Court of Australia have merged to become the Federal Circuit and Family Court of Australia (FCFCOA). Read more about ...
What do the recent changes in family law mean for families?
What changed: As of 1 September 2021, The Family Court of Australia and the Federal Circuit Court of Australia will merge to become the Federal Circuit and Family Court of Australia (FCFCOA). The recent merger has brought about some ...
7 Essential Things to Consider When Separating
Note down your Separation date The separation date will be relevant to property settlement, in the sense of whether contributions were made before or after separation. It is also needed when applying for a divorce. De facto couples ...
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 ...
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 ...
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 ...
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 ...
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 ...
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) ...
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 ...
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