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 […]
You have worked hard to build up an asset pool and are cognisant of the fragility of life. You decide to protect your lifework by getting a will drawn up, entrusting your possessions to loved ones. You then meet your soul mate and decide that you want to get married to them. They might not […]
Family law matters are complex reflections of complex modern family structures. Approximately 89,164 marriages were registered in Australia in 2021; of those, 56,244 couples got divorced. Australian couples, separated or divorced, constitute a wide range of family arrangements. Some couples share biological children, while others share step-children. Oftentimes, parental rights and step-parent’s rights are a […]
The High Court of Australia reinforced in the matter of Bosanac v Commission of Taxation & Anor [2022] HCA 34 the presumption of advancement as an entrenched “land-mark” of Family Law in this country. The Taxation Commissioner was after Mr Bosanac and relied upon the presumption of a resulting trust, seeking a declaration that Ms Bosanac holds half […]