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Publications
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The Role of Superannuation in Family Law Property Settlements
First published 21 July 2021, updated 27 November 2025. Introduction Superannuation splitting is an important aspect of family law property settlements under the Family Law Act 1975 (Cth) (FLA). This paper looks at some of the technical aspects of superannuation splitting so as to ensure that a superannuation split contained...
Breaking the Chains: The Impact of Family Violence on Family Agreements
The Family Law Act 1975 (Cth) (FLA) does not expressly provide an avenue for victims of family violence to rely upon the family violence as a ground to “escape” from the terms of a financial agreement. Financial agreements made under the FLA are used to oust (or at least limit) the jurisdiction of the court to make...
Liability of Lawyers for Faulty Pre-Nups
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...
Bankruptcy & Family Law in Australia
Family law matters can be complex at the best of times, but if one spouse becomes bankrupt matters can become far more complicated. Under the Bankruptcy Act 1966 (Cth) in Australia, a person may apply for voluntary bankruptcy if they: Are unable to pay their debts as and when they fall due (insolvent); and Have a connection to...
Divorce & Superannuation: Super Splits In Family Law Proceedings
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...
How much child support should I pay with 50/50 custody in Australia?
In Australia, there is no simple answer to child support payments on a 50/50 custody (care) arrangement. No set formula or amount exists for child support unless parents have private child support payments organised. The amount of child support a parent is required to pay depends on various factors, including income, the...
When can a de facto partner make a claim for a property settlement?
It is very common for parties to disagree about whether they were in a de facto relationship and when it started or ended, thus impacting whether a claim can be made for a property settlement under the Family Law Act 1975 (Cth) (FLA) and the quantum of the claim. The parties may be housemates, friends with benefits, dating,...
What Evidence Do You Need For a Family Violence Intervention Order (FVIO) in Victoria?
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...
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