Victims of domestic violence will be granted greater safeguards when they appear in court while the meaning of intimidation will be expanded to include harm or threatened harm to animals under domestic violence law reforms passed in NSW late last year. NSW Attorney General and Minister for the Prevention of Domestic Violence Mark Speakman said […]
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Separation and its effect on estate planning is not always the first thought on the mind of former partners as they attempt to navigate the breakdown of a relationship. Notwithstanding, the end of a relationship may have significant impacts on what happens in the event of one party’s death. In NSW, a divorce […]
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When couples decide to end their relationship, the inevitable question arises in relation to their assets, what am I entitled to and in relation to the debts, who is responsible to pay them off? There is a common misconception that simply by being in a defacto relationship for 2 years or more or being legally married, […]
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Undoubtedly, the festive season can be a tense and stressful time for separated families. Most often it is the case that both parents wish to spend time with their children and partake in the joy and spirit which generally occurs around this time of year. When your family is separated or living between two households, […]
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The High Court of Australia has recently upheld a decision of the Full Court of the Family Court of Australia and confirmed that it did not err in refusing to receive further evidence on appeal, ultimately disallowing one party from presenting a case which may have otherwise, been successful at trial. This decision may […]
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Have you been considering keeping an asset in your property settlement that could result in a Capital Gains Tax liability if you sold it down the track or perhaps you have agreed with your former partner that you would sell an investment property and share the proceeds of sale? A tax debt can be […]
More Relationship breakdowns are high stress, emotional and sometimes volatile. If one party to a relationship is prone to aggressive or violent outbursts, this behaviour may again become an issue when the relationship finally deteriorates. Where parties fear for their safety, the criminal law can overlap with family law by the making of an Apprehended Domestic […]
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The breakdown of a long-term relationship or marriage is an emotionally difficult time for most. Not only are the affected parties dealing with the loss of a previously significant other, they are also having to enter into the process of separating finances and negotiating how the children are to be cared for (if there are […]
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In family law property settlement proceedings, each party has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the case, in a timely manner. The Family Law Act at section 75(2)(m) also requires the court to take into consideration if either party […]
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It is often thought that when children become of a certain age, they can decide who they live with in the event that their parents separate. Our Family Law team are routinely asked, how long will the orders be effective? And, what if my son/daughter wants to live with the other party despite the orders? […]
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