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...
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...
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...
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....
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...
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...
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