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 heard in the Federal Circuit and Family Court of Australia (“FCFCOA”). There are several hearings and court events, so this article is an explanation of the family law court process. The Court has published a comprehensive guide to all the different family law hearing types (including those not covered here). Types
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
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
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
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
So you were injured at work during your marriage and were compensated for your loss of income, pain and suffering and likely, because of your employer's negligence. This is a payment made to you and without any involvement of your spouse, so is your ex-wife is entitled to your compensation payout? Personal injury awards are
Sometimes during a marriage or while parties are going through the separation process, one becomes entitled to, or receives, an inheritance. Perhaps a parent or grandparent passed away, and as part of the estate process, it becomes clear that you will likely receive a payment. So is your inheritance included in family law assets? The
So you have been separated for 12 consecutive months and have finally met that requirement to get divorced. But now that you are here, how long does it actually take to get a divorce? Put simply, it will be around 4 months if everything is agreed upon; naturally, if one party disagrees, the procedure will
You are not too young to have a Will drawn up. Death can come at any point and whilst you hope that it's many years away, the truth of the matter is that there's a fair amount of luck involved. One thing that you can control, however, is your decision to be as prepared as
