A separating couple with children will need to work out the parenting arrangements for those children – where the children are to live and who may make decisions about the children. If the couple can agree, their agreement can be formalised as Consent Orders (ie Orders made by the Court by consent). If not, the […]
The power of the ATO and family law settlements
Many clients come to see a family lawyer wanting to talk about issues related to the ATO, while others haven’t turned their minds to their own tax affairs for some time. Generally, we find there is a misunderstanding about the role and power of the ATO in family law property settlements. Family law […]
The perils of not making a Will
What do Michael Jackson, Abraham Lincoln, Picasso, Jimi Hendrix, Stieg Larsson and Robert Homes a Court all have in common? You would be forgiven for thinking, not much. But in fact they do—all six died intestate which means, they died without leaving a Will. Even the rich and famous can fail to plan ahead when […]
Understanding your Spousal Maintenance Obligations
It is not widely known that when we enter into a marriage or a de facto relationship, in certain circumstances, a spouse may be liable to maintain the other in the event that their marriage or de facto relationship breaks down. This responsibility to financially assist the other is set out in the Family […]
Fact or Fiction – top 5 myths about family law property settlements
Most people know someone who has been affected by a family breakup. It is usually a very stressful and emotional time where people are anxious about the divorce, the property settlement and the emotional wellbeing and care arrangements for children. Unfortunately this is reflected in a great quantity of inaccurate statements, often regarded as fact […]
Superannuation splitting laws – things you need to know
When a marriage or de facto relationship breaks down property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between parties when a relationship breaks down. Although it should be noted that de facto couples in Western Australia are not subject to […]
Saving your rights to see your grandchildren
If you are a grandparent and face the sad circumstance of a break up in your family group, through separation or unforeseen events, you may be worried about your right to continue seeing much-loved grandchildren. Unfortunately, some grandparents only see their grandchildren at crowded school events or from the sideline at sporting occasions. In Australia, […]
Family Law Property Settlements Is a 50/50 split the starting point?
Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements in a property settlement and the assets they are likely to retain. This is only natural given that Family Law is a complicated and emotional area of law which is […]
Can you be separated and live under the same roof?
Before a person can apply for a divorce they have to be able to establish to the Family Court that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the marriage have separated and have lived separately and apart for a continuous period of not […]
Things to consider when partners separate
What is meant by separation? Separation in Family Law is defined as the bringing to an end of a marriage or de facto relationship (which also includes same sex couples). There is no need or ability to register a separation under Australian Family Law. Separation is a fact which must be proven if it […]