Bankruptcy issues frequently arise when parties separate - either contributing to the reasons for the separation or as an outcome of the separation. When bankruptcy and separation occur at the same time the question is: which legislation applies to determine whether the trustee in bankruptcy or the non-bankrupt spouse takes...
A “relocation case” arises when a parent wants to move to a place far away enough from their current location that it will impact the time that the other parent spends with the children, resulting in a disagreement on the children’s future living situation and arrangements to spend time with each parent. Disputes about whether...
INTRODUCTION : FAMILY LAW ACT AMENDMENTS 2024 Major changes to the parenting provisions in Pt VII of the Family Law Act 1975 (Cth) (‘FLA’) came into effect on 6 May 2024 when the Family Law Amendment Act 2023 (Cth) (FLAA) commenced. These amendments have only been in effect for three months, but already some cases have been...
Today’s increasing globalisation means that the numbers of couples and families who are temporary or permanent residents, own property, have property interests and/or run businesses in other countries is on the rise. While Australian lawyers cannot (and should not) provide advice to their clients about their legal entitlements...
In Australia, the process of getting a divorce is governed by the Family Law Act 1975. It is designed to be clear and accessible, ensuring that individuals can navigate the legal system with ease, whether they're dealing with child-related issues, financial matters, or property settlements. If you are considering divorce, it's...
When a de facto relationship ends, partners are entitled to similar legal rights as married couples under the Family Law Act. This means both parties have the right to apply for property settlements, maintenance, and child-related orders. De Facto Separation and Family Law: Your Entitlements Until 10 June 2025, the process for...
To apply for a Family Violence Intervention Order (FVIO), also known as an IVO, you’ll need evidence supporting your claims. This can include police reports, witness statements, photos, text messages or even social media posts. In some cases, financial abuse or psychological abuse might be evidenced through bank statements or...
Dividing assets can be one of the most complex processes in a divorce or separation. In Australia, superannuation is considered a financial asset and must be included in property settlements. Understanding how superannuation splitting works is vital to ensuring fair outcomes for both parties. Below, we explore the basics...
Pre-nups or pre-nuptial agreements are becoming increasingly popular and are far more socially and legally acceptable in 2025 than in 2000 when they were first introduced. The High Court of Australia in R Lawyers & Daily and Another (2025) FLC 94-276 considered financial agreements for the first time since Thorne v...