When a couple decides to divorce or separate, the process becomes slightly more complex when children are involved. It is necessary for both parents to work together and communicate with each other regarding the co parenting of their children. However, if the relationship ends with a lot of anger and resentment between the couple, regularly...
Author: emfladmin
What Do We Mean by Substantial and Significant Time in Family Law?
In the Family Law Act 1975, it is presumed that when a couple with children separates, both parents will share equal parental responsibility. This might include making major long-term decisions such as what school the child goes to. However, this is not the same as an equal time arrangement. A Court will not necessarily grant...
What Are the Consequences If You Breach a Family Court Order?
A court order is often the very last resort for resolving issues. When a court makes a family court order, it is binding for all parties – regardless of whether it is on an interim or finalised basis. Should one party breach or contravene the order, this is considered a serious offence, unless they have...
Does a Parent Need to Pay Child Support If They Live Overseas?
In Australia, both parents have a duty to support their children, both emotionally and financially. However, what happens if one parents either lives overseas or decides to relocate overseas after separation? It can be a difficult and time-consuming process collecting payments from an ex-spouse in Australia, let alone outside Australia, and the rules for collecting...
What Happens if Family Mediation Fails and An Agreement Cannot Be Reached?
Family Mediation can be a quick and cost-effective solution to resolving disputes related to finances and children. However, there are some instances where mediation may not solve all or any aspects of the dispute. Dealing with family issues such as separation and divorce, especially when children are involved, can be very emotional for both parties....
Is Your Overseas Marriage Recognised in Australia?
An overseas marriage is quite common in Australia with many Australians choosing to have a destination wedding. However, a common question we are asked by many couples exploring the option of nuptials in a foreign country is: once we are married overseas, do we need to marry again in Australia in order for our marriage...
What’s The Difference Between Child Support and Child Maintenance? Our Child Support Lawyers Explain
Upon the breakdown of a relationship, a common concern is what will happen to the children involved. In Australia, child support and child maintenance exist to ensure that children receive the financial support they need. While many people use the terms ‘child support’ and ‘child maintenance’ interchangeably, there are important legal differences between these two...
Are Your Overseas Assets Included in Your Property Settlement in Australia?
In today’s increasingly globalised world, we are more connected with foreign countries than ever before. The internet has made it simple to trade internationally, resulting in many Australians making overseas investments and purchasing foreign assets. For people who own assets held outside Australia, or who may have a potential interest in foreign assets due to...
What to Do to Prevent Parental Child Abduction Happening in Australia?
Parental child abduction is a serious matter in Australia. Regulated by The Family Court, a parent may be charged if they unlawfully take their child from its habitual residence or from the other parent/guardian in charge of its custody. If you believe there’s a chance your ex-partner might ‘abduct’ your child or children, there are...
Our Divorce Lawyers in Brisbane Share What to do Before You File For Divorce
Divorce can be a long, complicated process. Not only is it an emotional decision, but it is also a significant financial decision. If you are separated or considering separating from your spouse, there are numerous things you should know and need to do in order to prepare for your divorce and make sure you are...