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...
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...
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...
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...
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...
When one spouse inherits money after a couple separates, it can be unclear whether or not this inheritance can be included and dealt with in the couple’s property settlement. Should it be considered as part of the asset pool or should it be considered a separate financial resource? We explain everything you need to know...
Declaring bankruptcy can have a significant impact on family law disputes, and it is not uncommon for the Family Court and Federal Court to deal with the bankruptcy of a party to a de facto relationship or marriage. Bankruptcy combined with divorce or separation can be an extremely stressful and emotional experience. Each case can...
Co-parenting is when two parents work together to help raise a child after a separation or divorce, with each parent taking an active role in the child’s life. While co-parenting after divorce can be a challenging prospect for parents, it is an excellent arrangement in terms of providing your child with a stable, supportive environment...
After separation, it is common for children to spend time at each parent’s separate residences. Some ex-couples choose to live relatively close to each other, however, there are instances where a a parent may wish to move a significant distance from the other parent, or, in other instances, move to another city, state or country...
It’s a common question that we receive here at Emerson Family Law. As Covid-19 continues to affect our lives and the Australian economy, a concern for many people, is the effect on the value of assets and “property”, such as houses, shares and superannuation. For those in the middle of the divorce process, a common...
