Legal Articles
Family Law Myths

There are many misconceptions about Family Law and, in particular, property settlements and child arrangements. The majority of the tales are sourced from online blogs or people who usually start the conversation with “take it from me, I know”. In this 2 part series we have debunked the some family law myths and reveal the truth. The party at fault for separation should be punished In Australia, legislation establishes a ‘no-fault’ jurisdiction. This means that if a party is responsible for the breakdown of a marriage (e.g. due to infidelity), they will not be punished. When making orders for finance… Continue Reading

Win the Lottery

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 The husband claims he should receive part of the lottery win as the funds used to purchase the ticket had been withdrawn from the parties’ joint bank account, and as such, should be included in the property pool.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. In Family Law property settlement proceedings it is an… Continue Reading

Sad Children

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

divorce

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

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