The saying goes “it takes a village to raise a child.” It is therefore unsurprising that the breakdown of a relationship does not just impact the parties involved, it can have a far-reaching effect, including on children’s relationships with their grandparents and extended family. The Family Law Act 1975 (“the Act”) acknowledges the importance of […]
GRANDPARENTS AND FAMILY LAW Read More »
WHAT IS PARENTAL RESPONSIBILITY AND WHY IS IT IMPORTANT IN FAMILY LAW? Parental responsibility is a frequently used term in family law, but what does it really mean and why is it important when making decisions in relation to parenting matters. What is Parental Responsibility? The Family Law Act 1975 defines parental responsibility as “all
WHAT IS PARENTAL RESPONSIBILITY? Read More »
Who may apply for a Divorce? The Family Law Act 1975 introduced “no fault divorce” in Australia; that is the only grounds for divorce is that your marriage has broken down irretrievably and there is no reasonable likelihood that you and your spouse will resume your relationship. To apply for an application for Divorce you
HOW TO APPLY FOR A DIVORCE? Read More »
In today’s society, it’s common for many couples to live together without tying the knot so how do you define these relationships in a legal sense? You are considered to be in a de facto relationship with someone if three criteria set out by the Family Law Act 1975 (Cth) are satisfied: 1. You and
AM I IN A DE FACTO RELATIONSHIP? Read More »
Once Orders are made, either by the Court or the consent of the parties, they are final in relation to property settlement. Once made, Orders made only be varied if either the parties consent or the Court determines that it is appropriate to change the Orders. It is not always necessary to change Orders. For
CAN I CHANGE MY PROPERTY SETTLEMENT ORDERS? Read More »
When determining parenting matters, the Court’s paramount consideration is to ensure the best interests of the child are met. When determining a child’s best interest there are a number of considerations the Court must consider; however, the primary factors taken into consideration by the court when determining orders in the child’s best interests are: The
DRUG TESTING IN FAMILY LAW PROCEEDINGS Read More »
You can often negotiate an agreement in relation to your children’s travel, either through private discussions or with the help of legal representatives. However, there are many cases where the non-travelling parent refuses to provide their consent or to sign the passport application – sometimes because of genuine concerns about the child’s safety when traveling
WE’RE ALL GOING ON A HOLIDAY! AREN’T WE? Read More »
Valuing Different Types of Superannuation in Family Law Accumulation Funds The most common type of superannuation is held in accumulation interest funds. The value of this type of superannuation interest is easier to identify than other superannuation interest types, being made up of employer and/or employee contributions and returns on investments, less any fees or
SUPERANNUATION IN FAMILY LAW PROCEEDINGS Read More »
Shakespeare wrote that ‘all the world’s a stage’ and this is never truer than in the world of social media. Technological advancements in the past few years has seen an exponential growth in social media platforms and social media such as Facebook, Instagram, Twitter and Snapchat are an integral part of modern society utilised daily
SOCIAL MEDIA AND FAMILY LAW: POST OR POTENTIAL EVIDENCE Read More »
When you receive a Child Support Assessment it is easy to think that the amount assessed per month, is the dollar amount you are entitled to receive, and will receive. However, in some circumstances other payments that have been made during the relevant period by a paying parent, can be credited by the child support
Child Support – Prescribed Payments and Non-Agency Payments Read More »
