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 […]
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 […]
Your relationship has irretrievably broken down and are looking to finalise your finances. Interest rates are continuing to climb and there are whispers of a recession. Do rising interest rates affect your separation? It is essential to consider how changing financial circumstances might impact it. If your property matter goes to a Court hearing, the Court is […]
Your marriage is not going smoothly and you feel that ending it is the best way for both parties to move forward. You have heard of divorce as an option but before choosing that, you have also heard that an annulment is also available. What is an annulment? What is a marriage annulment? The Federal […]
Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets. The general viewpoint is that once the essential requirements are taken care of, the Court won’t do anything to order […]
Our country is full of successful immigrant stories, of people who have braved much hardship in their journey to Australia to secure safety and better opportunities for children. After time, it is unsurprising that the new environment and culture shock can impact on the marriage and result in a breakdown. Can you get divorced in […]