On 30 November 2017 the Full Court of the Family Court of Australia handed down its much anticipated judgment in Re Kelvin. In this case, the Full Court considered the necessity for Court authorisation for hormone treatment for children with Gender Dysphoria. Since the 2004 decision of Re Alex: Hormonal Treatment for Gender Identity Dysphoria, […]
My partner and I hold property overseas, which country should do our property settlement? My former partner and I live in different countries, where do we commence family law proceedings? Can parenting orders be recognised in different countries? For couples and families who have spent time living in different countries, own properties overseas, or no
Which Country Should I Finalise my Family Law Matter In? Read More »
What is the duty of disclosure? Under the Family Law Act there are specific rules concerning the obligation parties have to provide full and frank disclosure of their financial positions in property matters. The Court requires disclosure of all sources of income, assets, liabilities and any financial resources, whether held in a party’s sole name,
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What happens if I died before my Family Law proceedings are finished? If I die before my Family Law matter is complete does my ex get everything? If a spouse party to family law property proceedings, dies before the proceedings are completed, the proceedings may be continued by or against the legal personal representative of
TILL DEATH DO WE PART (OR MAYBE LONGER) Read More »
Under The Family Law Rules Amendment (2018 Measures No.1) Rules 2018 the Judges of the Family Court of Australia have approved significant amendments to the Family Law Rules, which will come into effect on 1 March 2018. The most notable changes which have arisen from the Act are as follows: Exhibits and annexures are no
RECENT CHANGES TO THE FAMILY LAW RULES 2004 Read More »
Although typically family law property disputes are between married or de facto partners, in an age where it is common for parents (and other family members) to provide financial support to the parties during the marriage, there is an increasing trend for these third parties to become enmeshed in the dispute between parties. Parents and
IS IT A GIFT OR A LOAN? HOW THE COURT TREATS GIFTS AND LOANS IN FAMILY LAW Read More »
Diamonds may be a girl’s best friend, but what happens to the friendship between a girl and her diamond ring when the engagement is called off? While an engagement ring is often a relatively low value asset, it can often be one of the most expensive parts of a planned wedding. J.R.R Tolkien understood just
THE ENGAGEMENT IS OFF… WHO KEEPS THE RING? Read More »
A LOOK AT DEBT RECOVERY OPTIONS If someone owes you money, and negotiations or demands for repayment have been unsuccessful, the first step is to obtain a judgment from the Court confirming that the debt is owed. This involves commencing legal proceedings via a document called a Statement of Claim. This document sets out the
DOES SOMEONE OWE YOU MONEY? Read More »
THE 4 STEP PROCESS DETERMINING THE ASSET POOL Identifying the assets, liabilities and financial resources of the relationship no matter when or how they were acquired. Valuing the above by agreement or in the event of disagreement by expert valuation. ASSESSING THE CONTRIBUTIONS The Court recognises 4 categories of contributions:- Financial Initial contributions,
Family Law Property Settlements Read More »
Under Part VII of the Family Law Act 1975 (“the Act”), the Court has the power to make parenting orders in relation to a child, including Orders surrounding proposed relocation. Emphasis on Co-Parenting Section 61DA of the Act states that court must apply a presumption that it is in the best interests of the child
Family Law Relocation Matters – Legislation and Case Law Read More »
