The best interests of the children are the paramount consideration of the Federal Circuit and Family Court of Australia (“the Court”). The Court Orders are almost always made during children’s minority after which point they lose their power and the children in question become recognised adults. At that time, can adult children get their deceased parents’ family […]
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 […]
Are overseas assets included in family law property settlements? As globalisation continue to flourish after a pause due to a certain pandemic, it is becoming increasingly common for individuals to own property overseas, such as real estate, funds in international bank accounts or international shareholdings. Dealing with overseas assets in a property settlement can be […]
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 […]