Category: Family Law

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

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

Picture this: A husband and wife separate. Six months after separating from her husband, the wife wins $6 million in the lottery. The husband claims he should receive part of the lottery win as the funds used to purchase the ticket had been withdrawn from the parties’ joint bank account, and as such, should be included in the property pool. Sounds like a great plot for a TV show? Unfortunately, the above scenario is not fiction, and are facts taken from the Family Court of Australia case of Eufrosin & Eufrosin. Key Takeaways The article explains that in family law… Continue Reading

It is a long standing misconception in matters relating to children, that the mother will automatically get full ‘parental responsibility’ (e.g. custody of the children). This is not entirely correct. Parental Responsibility Part VII of the Family Law Act entitled ‘Children’ sets out a number of ‘objects’ which are to ensure the best interests of the child are met.  These objects include: Ensuring that the children have the benefit of both their parents having a meaningful involvement in their lives to the maximum extent consistent with the best interests of the child; and Protecting children from physical or psychological harm… Continue Reading

Our Family Lawyers are approached by clients on a regular basis whose spouse or partner has said to them; “I have spoken to a lawyer and they said that you will get nothing” This is rarely correct. Even if all the property is owned by your partner, you may be entitled to something. The amount of your entitlement in a separation will depend on the contributions (financial and non-financial) you have both made during the marriage / relationship, and other factors such as your income and earning capacity, your age and health, and the length of the marriage / relationship…. Continue Reading