With about 1 in 3 Australian marriages ending in divorce almost everyone knows someone who has been involved in the breakdown of a marriage or a de facto relationship. Not surprisingly this often results in rumours about what each party is entitled to receive....
Many families have found the global pandemic as particularly stressful. Both parents and children are very anxious about the situation at this time. Parents are facing the stress of money and health worries in the pandemic, as well as the normal stresses and...
Under the Family Law Act, a de facto relationship is when two people are not legally married or related by family and have a relationship as a couple living together on a genuine domestic basis. However, in applying this law, the Court has found that...
We have decided to separate. I want to sort out a property division as soon as possible. Do I have to be divorced first? The simple answer is 'no'. This is a common misconception amongst the public. Divorce is granted on the...
Be aware of the time limitations that apply Did you know, in the Australian Family Law system, legislation is set up to provide time frames for couples to bring an application to the Courts to finalise property matters with your former spouse or de-facto...
Having children is no doubt one of the greatest gifts in our lives. When they are born, you expect to always be there for them and to care for them. Unfortunately, when relationships come to an end, sharing the care of your children with your...
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 as a part of their property settlement. Superannuation...
FAMILY LAW - FINANCIAL DISCLOSURE Parties to financial family law cases have an ongoing duty to disclose the material facts relating to their financial position. This is set out by rule 13.04 of the Family Law Rules, which says that a party to financial...
Same sex marriage in Australia has been legal since 9 December 2017 under the Marriage Amendment (Definition and Religious Freedom)Act 2017. The option of marriage for same-sex couples has conferred a number of benefits and rights previously denied to them. Some of those rights include: Less hurdles...
Many clients understand that entering into a de facto relationship can confer certain rights and responsibilities akin to being married. However it is often hard to pinpoint the exact point in time at which a girlfriend or boyfriend becomes a de facto partner for...