Legal Articles

Property settlements can be a difficult stage in finalising family law matters, especially when other financial resources may affect the property pool such as superannuation. The law treats superannuation as a different type of property and it is important that you know how the superannuation splitting law that governs this area may apply to you in your property settlement. Superannuation Splitting Law Superannuation splitting laws may apply to you if you; Are married or formerly married and have not finally settled your property matters under section 79 or 87 of the Family Law Act 1975; or Are a de facto… Continue Reading

moving house

Sometimes, after a separation, one parent is desirous of relocating with the children. Be it another suburb, another State or another country, there may be detrimental consequences if the relocation is not executed pursuant to the law. Here are some things you need to consider if you are a parent wanting a sea-change when your ex-spouse is resistant to the move. 1. Meaningful relationships The children have a right to have a meaningful relationship with both parents and they also have the right to be protected from harm. In weighing up whether a relocation with the children is the best… Continue Reading

Monopoly Game Go To Jail

There has been some commentary in relation to the imprisonment of Parties embroiled in the Family Law system. Recently, the Full Court of the Family Court of Australia overruled a decision where a Father had been ordered to serve a term of imprisonment for 12 months for failing, refusing or neglecting to provide full and frank disclosure in a property matter. The Full Court opined that the husband’s imprisonment constituted a gross miscarriage of justice. Suffice to say, the real issue is about Contempt of Court versus Contravention of an Order. Granted, the primary judge of this case was found… Continue Reading

Online Privacy

For most members of the general population, the Australian Government’s new online health database will simply be a convenient centralised electronic catalogue, containing patients’ information and histories, available for access by authorized health professionals.  The My Health Record system, which is opt-out (meaning that all Australians who do not actively opt-out will have a personal profile created on the system) promises to facilitate more comprehensive, thorough and accountable patient file management for Australian patients. However, the concept of the system has not been introduced without criticism: growing concerns, particularly with respect to cybersecurity and patient privacy, led to a Senate… Continue Reading

Spousal Maintenance

As of 1 January 2019, separated partners who have initiated proceedings in the Federal Circuit Court in relation to their parenting or property matters may seek a Judicial Mediation. This means that a judge may act as a mediator on a matter which is not in their docket. In order to qualify for a judicial mediation, both parties must be legally represented unless the docket judge determines that the matter is suitable for judicial mediation where one or both parties are self-represented.  Judicial mediations may assist parties in the resolution of parenting or property matters.  If the matter is in… Continue Reading

Advantages of Mediation

Don’t Litigate, Mediate! One of the misconceptions about the law that some people may have is that the courts are often the only forum through which disputes can be settled within our legal system. This is most definitely not the case. The Australian judiciary holds a strong view that parties to a dispute should attempt to resolve their matter outside of a courtroom before having to rely on one. This can be done through various different mediums, such as through mediation, arbitration or conciliation.All of these processes are used as a form of Alternative Dispute Resolution (ADR) and are seen… Continue Reading

Parenting Orders For Christmas

Are you separated and looking to spend time with your children this Christmas? If you don’t already have Parenting Orders in place which deal with how your children will spend time with you over Christmas, then you need to read this. Christmas is a time of joy where we stop and enjoy the precious time we have to spend with our family. When parties separate, reaching agreement on how the children spend time with each parent over the Christmas period can sometimes be difficult. If it is a contentious issue for you and if you have not already obtained Orders… Continue Reading

Spousal Maintenance

The breakdown of a marriage is almost always an emotionally taxing experience for both partners. While there is the emotion and stress that is usually at the forefront of a separation, there are a multitude of other factors that need to be considered during the process. Often, the first issue that needs to be addressed when a long-term relationship deteriorates is how the shared assets of the couple are to be divided. One of the many considerations that may arise when this process is occurring is the issue of one party providing spousal maintenance to the other. Spousal maintenance is… Continue Reading

Binding financial agreements

The deterioration of a loving relationship is usually a dreaded outcome for all those involved. In addition to the emotional toll it takes on a person, there is always the added stress of dividing up property and finances. Add on top of this a potential custodial battle for any children involved, and you have the recipe for a protracted and emotional legal battle. In order to prevent some of this heartache, a couple is able to enter into what is called a Binding Financial Agreement. Why should I enter into a Binding Financial Agreement? When a couple commits to entering… Continue Reading

Child on Swing Divorce

There are many more misconceptions about Family Law and, in particular, property settlements and child arrangements. In part 2 of our Setting The Record Straight article we have debunked more myths and reveal the truth. In case you missed it, read Part 1 here. You need to be divorced to commence property settlements This misconception arises from the fact that people are unaware of the process of property settlements in family law. Property settlements may take place as soon as separation occurs. Divorce is not a requirement to commence and finalise property settlement. However, should you get divorced and you… Continue Reading

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