The making of parenting orders aims to provides stability and certainty for families with the Court expected such orders to be followed. However, what happens when someone does not follow an order? A common misconception is that the orders will be enforced by the Police. If you wish to enforce parenting orders, a return to […]
When would you or your ex-partner be required to financially support one another? The formal term for this is called spousal maintenance (when referring to a married couple) and maintenance (when referring to a de facto couple). The Family Law Act provides that a spouse or party to a de facto relationship must maintain the […]
In all court cases dealing with the care of a child, the Court must consider whether there is a risk to a child in spending time with either parent. On 1 July 2022, five Judges of the appellant jurisdiction of the Federal Circuit and Family Court of Australia delivered an important decision detailing how the […]
When a party seeks Orders to divide the assets and liabilities of the relationship following their separation, they can also seek Orders regarding superannuation. Superannuation splitting Orders do not convert superannuation into a cash asset however each party’s superannuation interest can be adjusted by splitting (transferring) the superannuation entitlements held. To enable greater transparency of […]
In November 2021, the Supreme Court considered yet another claim for further provision by an adult child in respect of his deceased father’s estate. As a child of the deceased, the plaintiff was eligible to bring a family provision claim within 12 months of his father’s death. The value of the estate was around $1,500,000. […]
The Family Court has the power under section 79A (or section 90SN for de facto matters) to set aside or vary final property orders, even if the Orders were made by consent of both parties. To be successful in an application to set aside or vary final property orders the Court must be satisfied that […]
The new Federal Circuit and Family Court of Australia will commence on 1 September 2021. The new court merges the Federal Circuit Court of Australia and the Family Court of Australia. The merger will result in a greater emphasis being placed on encouraging parties to settle disputes, before Court proceedings are commenced. In […]
Did you know that there are time limits for property settlement after you separate or divorce? One of the first questions you will be asked by your family lawyer is ‘when did you separate’? This is for good reason. Time limits do apply to family lawyers proceedings for property settlement. These time limits differ depending […]
If the parentage of a child is “in issue” in proceedings under the Family Law Act, the court may make an order requiring a parentage testing procedure to be carried out to help determine the child’s parentage. An application for parentage testing can only be made during family law proceedings for example where an application […]
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 […]
