The Hague Convention and international child abductions go hand in hand where there is an overseas party threatening to take a child. The Family Law (Child Abduction Convention) Regulations 1986 compel the Federal Circuit and Family Court of Australia (“FCFCOA”) to order the return of a child to their home country unless specific and exceptional circumstances exist. […]
We have mentioned previously in several articles that there is no legal method for separations in de facto relationships. Sometimes couples or individuals come to us because they want to understand what might occur if they were to separate. Other times, they know they need to separate, and want to know how to end a […]
Separation is when you and your partner stop living together in a domestic or marriage-like relationship. Your partner does not have to agree to the separation, however they need to know that you think the relationship is over. There are no legal processes to become separated; it is something that you and your partner will […]
When separating, whether you are married or in a de facto relationship, often some of the first concerns relate to children and how they will cope. This is closely followed by concerns about what the separation will mean for you financially. When your mind turns to any businesses you own, either together, individually or in partnership […]
If you are reading this, you may have been through the divorce or property settlement process yourself. Or instead, you may be looking at protecting assets from new partners for someone you care about. Here we explore how to protect your assets from a new partner as well as any existing partner. When a relationship […]
Separation is understandably a trying time for many couples, however it is important to also remember to address the practical issues. Here is an extensive ‘To Do List’ with 8 tips from a family lawyer of what you need to do when you separate. 1. Note the date of your separation The first thing you […]
Even in a difficult custody case, the best way to get child custody without going to court is through mediation. It is likely to suit all involved better than a court judgment and all the stress and extra cost of time and money. Mediation is a way to settle disagreements outside the courts, or to […]
We are seeing more young couples seeking prenuptial agreements (or s90B Financial Agreements) amid first-home-buyer woes. High interest rates and house prices has seen an increasing number of our youth get financial support from parents – with strings attached. But are prenups worth it? The Productivity Commission found that the average deposit has more than doubled […]
Parents must carefully consider their ongoing responsibility for school fees after divorce. Their cost and the constant rise of inflation making everything more expensive can cause complications even for intact relationships. The Child Support (Assessment) Act 1989 sets out a formula for calculating the Child Support that is payable by one parent to another parent. The assessed […]
Spousal maintenance is financial support paid by one party to a marriage or de facto relationship to the other in circumstances where they are unable to adequately support themselves. If a person cannot meet their own reasonable expenses from their own income, then the other party has a duty to support and maintain them if […]