News: Family Law

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, […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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? […]

Have you separated and can’t make ends meet?   It is not uncommon for one partner to earn a greater income than the other during their marriage or defacto relationship.  After separation though what happens if your partner moves out and stops paying the mortgage or directs their pay to go into their own account […]

It is a sad reality that sometimes families don’t always see eye to eye and people find themselves in situations where they no longer speak to some members of their family or in-laws. For some families, the falling-out can last for years and often this can mean that grandparents don’t get to see their grandchildren. […]