Family Law I Baker Love Lawyers Newcastle

How to remove your partner from the family home: Exclusive occupation applications

When a relationship breaks down, it is sometimes not reasonable, safe or practical for both parties to remain living in the family home. If agreement cannot be reached about who should leave, a party may apply to the Federal Circuit and Family Court of Australia for an order granting them exclusive occupation of the home […]

Trust assets and separation: the lesson from Caldwell & Caldwell

How Many Passwords Should I Change? Cyber Safety and Digital Security After Separation

April 29, 2026
By Hayden Carr
Family Law
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How to avoid a Family Law property settlement

“Prenuptial agreements” / Binding Financial Agreements One of the most common questions asked by our clients “How do I avoid a family law property settlement?” The short answer in most cases where the relationship has been a lengthy one, involves joint property, and parties have separated, tends to be that it is usually unavoidable at […]

March 25, 2026
By Hayden Carr
Family Law
No Comments

Parenting plans v consent orders

How to formalise children/parenting arrangements For most families, post-separation, the arrangements for the children are as agreed or otherwise in accordance with the parents’ and/or grandparents’ informal agreements amongst themselves. It is not unusual, especially after all parties receive family law advice, that parties go away, reach an agreement regarding the children, and return asking […]

What takes precedence: ADVO v Family law orders

It is not unusual in family law practice, for one of the parties to have an apprehended domestic violence order (‘ADVO’) in place for their protection from their former spouse. An ADVO can have various conditions including the following: There can also be conditions that make contact restrictions, which means the one party is prohibited […]

February 25, 2026
By Hayden Carr
Family Law
No Comments

Clawing back assets in family law matters post the “Death of Addbacks”

The first stage in family law property matters is to identify the assets and liabilities of the parties. This is relatively simple, but what happens when an asset is no longer available for consideration, such as someone withdrawing and spending a significant amount of the funds within a joint bank account on gambling? Whilst recent […]

January 22, 2026
By Hayden Carr
Family Law
No Comments

Cards on the table approach – Duty of disclosure

What is the duty of disclosure? In all family law proceedings, whether parenting or financial settlement, the Family Law Rules provide that each party to a proceeding has a duty to the court and to each other to give full and frank disclosure or give full and frank disclosure of all information relevant to the […]

November 26, 2025
By Hayden Carr
Family Law
No Comments

CGT, deemed dividends and stamp duty: The consequences of not taking into account tax in family law matters

In the majority of family law property matters, parties tend to reach an agreement without requiring a determination from the Court and thereafter formalise that agreement by way of Consent Orders or a Financial Agreement. However, parties often neglect to obtain tax advice about the effect of the orders which can lead to one party […]

November 26, 2025
By Naomi Rizzoli
Family Law
No Comments

When they don’t fly the nest: Care for adult children post separation

It is not uncommon for children of a relationship to continue to reside with their parents after they turn 18 years of age and for that child to continue to rely financially on those parents. The common question we are asked when a relationship breaks down, is whether the support that parent provides that child […]

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Family Law

How to remove your partner from the family home: Exclusive occupation applications

Trust assets and separation: the lesson from Caldwell & Caldwell

How Many Passwords Should I Change? Cyber Safety and Digital Security After Separation

How to avoid a Family Law property settlement

Parenting plans v consent orders

What takes precedence: ADVO v Family law orders

Clawing back assets in family law matters post the “Death of Addbacks”

Cards on the table approach – Duty of disclosure

CGT, deemed dividends and stamp duty: The consequences of not taking into account tax in family law matters

When they don’t fly the nest: Care for adult children post separation

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