What happens if my Parenting Plan is breached? A Parenting Plan is a written agreement which covers parenting arrangements for children but is not formally approved by the Court. It is a more informal way of having arrangements in place for your children than Consent Orders, as the parties do not have to make a formal […]
The scheme for Capital Gains Tax (“CGT”) is derived from Part 3-1 of the 1997 Income Tax Assessment (1997 Act). In conjunction with the 1936 Income Tax Assessment (1936 Act), these two pieces of legislation are the national basis upon which all income tax matters are dealt with. Despite repeated calls for reform, Australia’s tax system remains complicated. The […]
The question around rights of separated parents to their children stems from a common misconception that parenting orders are intended to confer rights to separated parents. Under Australian family law, it is the children who have the right to enjoy a meaningful relationship with both their parents and to be protected from harm. A court is […]
Does my ex-partner have to reveal assets? You are not disadvantaged if your ex-partner handled all the expenses during your marriage. When a relationship ends, it’s not uncommon for one party to know more about the finances than the other. As a result, it’s necessary for a separated couple to share financial information, so that […]
What is a binding financial agreement? Referred to in various sections of the Family Law Act 1975 (Cth) as a ‘financial agreement’, it is an agreement made between parties either before their marriage or de-facto relationship, during their marriage or de-facto relationship or post-separation. Agreements made prior to a marriage or de-facto relationship can also be referred to […]
How much does a divorce lawyer cost in Australia? At our firm in Melbourne the cost ranges from $660 to $330 for lawyers and $180 to $80 per hour for paralegals and support staff. Most law firms charge by the hour as the scope of works can be hard to know in advance. The hourly […]
Recorded coversations in family disputes are commonly used by people as ‘evidence’ about the other party portraying them in a negative light. The regulation of surveillance and listening devices is, in Victoria, set out in the Surveillance Devices Act 1999 (Vic). The Act defines surveillance and listening devices in some detail. Unequivocally, a mobile telephone, iPad or […]
When there is a relationship breakdown in a family it is not only the children and the separating spouses that suffer. Grandparents that have had an important role with their grandchildren also go through the turmoil brought about by the separation. Often grandparents have been the main caregiver. Often, the grandparents have been in almost […]
A ‘divorce‘ is a straightforward administrative change to your legal status: you go from being married, to being not married. Here are five quick divorce facts to help you cut through all the information and understand what you are getting yourself into. 1: Married couples can apply for a divorce 12 months after the date you and […]
Who is a parent? We look at a judgment of the High Court of Australia which explores sperm donors and their parental status. Let’s start with a question: Q. Is there not a difference between the university student who is a donor to a sperm bank for a few bob* and the sperm donor who […]