Family Law Advice & News

In Australia, there are several factors which can be used to determine if a parent is considered unfit to take care of their child. This determination can have serious implications for the parents involved, as it can lead to them losing custody of their children. In this article, we explain what an unfit parent in…

When a couple is divorcing or separating, the division of assets is often a key concern for both parties. The process of dividing property can be daunting and legally complicated, so it is important that you have an experienced family lawyer to ensure that your needs are being catered for during the settlement. In this…

The Lawyers Weekly 30 Under 30 Awards is the premier event in showcasing the depth of talent in the nation’s young gun lawyers, recognising their success and their passion for the business of law. The finalist list, which was announced on Wednesday, 20 April, features over 270 high-achieving professionals across 31 submission-based categories. Reaching the…

Generally speaking, denying access to a child in Australia is not possible. However, there are some exceptional circumstances whereby the family court may decide to order that access to a child is taken away or denied. If you’re a parent, you only want what’s best for your child, and often the question marks surrounding a…

Australia’s Family Law system pertains to familial and domestic relationships and asset disputes that occur within the home. This includes married couples, de facto partners, parents and partners that have separated. With this blog, we break down what to expect and attempt to summarise how best to navigate the Family Court process. About The Family…

In Australia, all children of separated parents are eligible for child support payments. When it comes to child support, every situation is unique and we recommend consulting an experienced family lawyer to ensure that you are getting the best possible result for yourself and your child. A common question our family lawyers receive regarding child…

Adultery, or extramarital sex between a married person and someone other than their spouse, is one of the major causes of divorce in Australia. If your marriage is ending due to your or a partner’s adultery, you might be wondering whether the adultery in question will have some legal or financial impact on the divorce…

A common question asked at Emerson Family Law is: “Should I change my name after divorce?”. Ultimately, the decision is up to you. If you decide to change your surname, we highlight the key steps and requirements of the name changing process to make your life a little easier during this difficult time. Should You…

If you are leaving a de facto relationship, it is important to seek legal advice regarding your property rights. Many people do not know this but, under the Family Law Act 1975, a de facto couple has the same rights as a married couple when it comes to property distribution. So, what do those rights…

Spousal maintenance in Qld is financial support paid by one spouse or de facto partner to the other spouse or partner following separation or divorce. The spouse or partner claiming this support, often receives financial payments by way of a lump sum or periodic payments. Every couple’s circumstance is different, so the duration and amount…

Separation and divorce can put enormous pressure on families, especially families with young children. Parental alienation occurs when one parent attempts to eradicate the relationship between the children and the other parent, and it makes this strenuous situation even worse. So, what is the impact of parental alienation on both the alienated parent and children…

Family trusts are a commonly used structure in Australia with many benefits. They can protect assets from creditors in the event of bankruptcy, reduce tax rates when distributed to beneficiaries, protect vulnerable family members who make poor spending decisions, and provide longterm financial support to future generations. However, in the event of separation or divorce,…

There is a common misconception that when a couple separates or divorces, the Court will automatically favour the mother for primary custody and parental responsibility. Every case and relationship is unique, and as long as you are seeking parental rights that are in the best interests of the child, then the Court might make a…

Can a marriage be annulled in Australia? Yes, it is possible to declare a marriage void. However, for a marriage annulment to be successful in Australia, you must meet some strict criteria. Before seeking an annulment, it is best to speak to a Family Lawyer to understand the legal processes as well as any potential…

The best interests of the child is a fundamental principle in Australian family law. When a parent or the Court makes any decision relating to a child, the child’s best interests are always taken into account. But what exactly constitutes the “best interest” in Australia? What Does The Law Say? Under Section 60CC of the…

Whether you live with your partner, or you are planning to live with your partner, it can be worthwhile for couples in a de facto relationship to consider entering into a cohabitation agreement. This type of agreement, often referred to as a ‘BFA’ or Binding Financial Agreement, can be beneficial to those looking to safeguard…

There’s no denying that social media has become integral part of our daily lives, both personally and professionally. We share our thoughts, opinions, photos and more – and often without thinking of the consequences or repercussions of doing. Although sharing a post or image may seem harmless – especially if it appears for just 24…

The end of a marriage can be a traumatic time for all involved. There’s a lot to consider when going through the divorce process in Australia, from financial matters to property assets and care for your children. While no two divorces are the same, all will follow a similar process in Australia. Here’s everything you…

All children whose parents have separated, whether they were married or not, are eligible for child support payments in Australia. Child support can be quite complex, and every situation is unique. If you are currently working through a separation or divorce, you may be wondering how child support payments and calculations will affect you. Our…

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…

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…

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…

There is often confusion concerning what it means to be in a de facto relationship in Australia. Many people are unsure as to when a relationship is legally considered to be de facto, as well as the potential legal considerations that can accompany the breakdown of a de facto relationship. Here, we answer some common…

Under the Family Law Act 1975, children have a right to a meaningful relationship with both parents, especially if their parents are separated or divorced. It is presumed that once a couple separates, they will share equal parental responsibility of their children. However, there are instances where sole parental responsibility can be obtained. What is…

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…

On Wednesday 29th April, 2020, the Family Law Court in Australia saw the establishment of the Covid-19 List (also referred to as a Joint Practice Direction): a list dedicated to dealing with urgent family law disputes that may have arisen as a result of the Covid-19 pandemic. During the months of March and April this…

Recent restrictions imposed by the ongoing COVID-19 pandemic indicate increased cause for concern when it comes to the safety and well-being of those experiencing domestic and family violence. This was highlighted by a Monash University study of family violence victim support practitioners, which found that almost 60 per cent of practitioners said the pandemic had…

For parenting matters and child support payment issues, a mother may wish to request a court ordered paternity test to confirm the biological father of the child. In some instances, a father may also wish to prove that he is the biological father, and sometimes, prove that he is NOT the biological father. If you…

Step parent adoption in Qld is organised through Adoption Services Queensland. Adopting a step child is a legal process whereby a step parent becomes the permanent adoptive parent of their spouse’s child/children. It is a very serious decision that the courts do not take lightly and can be a complex process. We are going to…

In Australia, a parent that doesn’t reside with their child/ren may be responsible for providing them with financial support, particularly if they are under the age of 18. But what happens when a child turns 18? Can a parent still claim adult child maintenance from their ex spouse? What Does Legislation Say? The Child Support…

Undoubtedly, COVID-19 has affected us all, especially if you are (or you know of someone who is) at risk of domestic and family violence, especially with the need to self-isolate or social-distance, which may increase the risk of abuse. Remember – domestic and family violence is not just “physical.” It can include any of the…

Recent media reports a sudden “rise” in divorced couples seeking quick sales putting downward pressure on property prices during the COVID-19 Pandemic. Splitting couples already account for “1 in 6” Australian home sales per year and the proportion of “divorce-driven sales” is predicted to rise as other sellers withdraw their homes from the current property…

“COVID-19 has forced us to live together so we can’t be separated…” Fact/Myth?  Despite popular belief, separation can occur “under the one roof,” even if parties have continued to live in the same residence or that either party has rendered some household services to the other party, such as cooking meals, cleaning the house, doing…

The parenting journey can both be a blessing and a struggle, especially if you are a separated parent. Here are “the Top 3 Tips” to get you through this tumultuous period: Tip 1 – Protect Yourself and Others Practise good hygiene by: covering your coughs and sneezes with your elbow or a tissue; putting used…

Emerson Family Law and Emerson Migration Law are extremely concerned about the possible plight of Domestic and Family Violence victims who are now being forced to spend even more time with their abusive partners as a result of these lockdowns. With all of us urged to stay inside to protect the community from COVID-19, we…

In these unprecedented times, the Coronavirus Pandemic (“COVID-19”) has affected all of us, socially and economically. To ensure that you are getting reliable and most up-to-date information regarding COVID-19 including latest case numbers and related information, please refer to this hyperlink from the Australian Government Department of Health From a Family Law perspective, COVID-19 affects…

Children grow up and family circumstances change. That’s the nature of life. Parents may separate while their children are young, and many opt to make parenting arrangements for their children through Parenting Orders. When these parenting orders are made while the children are young, parents have usually done their best to make arrangements based on…

When parents with a young child separate, it is vital to ensure that the children involved receive an appropriate level of financial support. Services Australia has the responsibility to assess the parents based on their income, the amount of time spent with the child and the child’s age, and then make decisions as to how…

If you’re looking to resolve a dispute without the hassle or financial burden of going to court, there are a couple of solutions for you to consider, one being Collaborative Law. The collaborative law process can be compared to another dispute resolution practice, Mediation. We’ve previously spoken about the family mediation process, so, here’s everything…

During the divorce process, dividing marital assets can often lead to conflict, especially if it involves an inheritance. One spouse may have received an inheritance from a parent or another family member. Should that property be shared with the ex-partner, or does the spouse who received it have the rights to keep it all? How…

We’ve all heard of pre nuptial agreements made before a couple wed. But what about a post nuptial agreement? Do they exist? Well, they do – and they are actually quite common in Australia, gaining popularity over the last few years. If you recently married or are perhaps considering entering a post nuptial agreement, here’s…

No interest in getting married? Many couples opt to remain in a de facto relationship rather than go through the marriage process. But, whether you’re about to enter a new de facto relationship or perhaps your relationship is on the verge of breaking up, it is important to understand your rights in Qld.   What…

Our offices will be closed for the Christmas and New Year period from 4:00pm on Friday, 20th December 2019 and re-open at 8:30am on Monday, 6th January 2020.    

When a marriage or relationship breaks down and involves children, the grandparent’s rights are often affected, and at times forgotten. Grandparents can play a significant and active role in a child’s life, and in some instances, they may be the child’s main carer. If you are unsure of the rights of grandparents to see or…

The school holidays are a great time for parents to bond with their children, take them on new adventures and generally enjoy each other’s company. With the school holidays starting and Christmas not too far away, it can be difficult organising your children’s living arrangements. So what can separated parents do to make their children’s…

Going to court to resolve family disputes can be expensive, time-consuming and emotionally draining. That’s why mediation is an ideal alternative to the court system for many families. But what does the family mediation process entail? We are going to provide you with a deeper understanding of what mediation is and what you can expect…

There are many reasons why a marriage or de facto relationship could break down, and infidelity is one of them. A common misconception around infidelity is that it can be used as a reason to gain certain property settlement or child support arrangements; this is not the case. So, what are the legal consequences if…

Changing a child’s surname is a common occurrence after separation or divorce. The reasons for making this decision are unique to each case. Usually, a mother has reverted to her maiden name and wishes to change their child’s name as well. But, how easy is it to legally change a child’s surname? Our family lawyer…

Property settlement is the arrangement made between two parties to divide all assets and property following a separation. Whether it is a marriage or de-facto relationship, all financial ties between these parties must be finalised. Every situation and relationship is different, so there is no one straight answer for how property settlement after separation should…

Families come in many forms, and step-parents are an increasingly common component of the modern family structure. The relationship between a step-parent and a step-child can be strong, and more often than not, a step-parent can play a vital role in the child’s life. But what happens to this parent/child relationship in the event of…

The High Court of Australia recently delivered its landmark decision in Thorne and Kennedy [2017] HCA 49 on 8 November 2017 whereby a 36-year old European woman (“the Wife”) successfully fought to overturn a pre-nuptial agreement which she signed on the eve of her marriage to a millionaire 67-year old property developer (“the Husband”). Brief…

What is a Divorce? A Divorce is the legal recognition at the end of your marriage. You can obtain a Divorce if your marriage has irretrievably broken down and you have been separated for no less than 12 months. Despite popular belief, you do not have to prove who was “at fault” and you do…

Child support stems from the fundamental principle that “each parent of a child has a duty to maintain their child.” Child Support Agreements After separation, parents, whether married or de facto, can reach an agreement regarding the type and level of child support that is paid from one parent (“the payer”) to the other (“the…

Abuse – in relation to a child, means (for the purposes of the Family Law Act 1975): An assault, including a sexual assault, of the child; or A person (the first person) involving the child in a sexual activity with the first person or another person in which the child is used, directly or indirectly, as a sexual object by the…

  Myth 1: “The Mother always gets the kids. In Australia, a parent does not have legal “custody” (or any legal rights) over their child. There is no legal presumption that a child must (or should) live with the Mother and spend every second weekend and half of the school holidays with the Father. Rather,…

By Gavin Lai – Senior Associate at Emerson Family Law The Attorney-General Senator George Brandis has introduced the Family Law Amendment (Financial Agreements and Other Measures) Bill 2015 (“the Bill”). The Bill, if and when passed, will be another significant development in Australian Family Law with proposed changes to the Family Law Act 1975 (“the…

Our New Satellite Office Address 175A Swann Road, Taringa QLD 4068.

We are pleased to announce that we are now able to offer services in Will preparation and amendment as part of our ongoing commitment to clients. The updating of a Will is a process that goes hand-in-hand with the other family law services that we have been providing to separating parties for many years. If…

Emerson Family Law is proud to welcome Accredited Family Law Specialist, Penelope Stevens, to our team. Penelope brings with her a wealth of knowledge and experience and we are delighted to have her on board!

Recent Changes to Domestic and Family Violence Law in Qld   The Family Law Section of the Law Council of Australia has indicated that as of April 2015, the Child Dispute Services section in the Brisbane and Melbourne Registries of the Family Court and Federal Circuit Court of Australia will be trialing a new approach…

The Federal Government has announced the delivery of six family law services to South East Queensland commencing January 2015. The Centres will provide services to help separating families make child focused parenting arrangements both during and post separation. A list of the Centres is set out below: Family Relationship Centre Ipswich – Relationships Australia Queensland,…

Risks in Lodging a Caveat The dangers of lodging a caveat to protect a purported interest in property are illustrated by the decision of Forrest J in Auricchio & Auricchio [2014] FamCA 240. In applying Queensland State Law pursuant to the accrued federal jurisdiction of the Family Court, His Honour ordered that the wife forthwith…

For an interesting and recent discussion of the notion of “special contributions” see the Full Court decision of Hoffman & Hoffman [2014] FamCAFC 92. FM Brewster as he then was ordered an equal division of property in a pool of about $10m after the parties’ 36 year cohabitation. In so doing, His Honour declined to…

It is not unusual in reported cases for Judges to make observations about aspects of practice. The case of Baines and Crabal, an interim parenting matter, where judgment was delivered by Judge Scarlett in the Sydney registry on 30 April 2014 is a case in point. In handing down judgment His Honour included some very…

Recently I had cause to revisit the issue of the threshold issue in spousal maintenance. The matter was looked at by the Full Family Court in the case of McCrossen and McCrossen [2006] FamCA 868. A wife who wanted to become a teacher failed in her bid for spousal maintenance because the court found she…

Eric and Fran are in conflict. They’ve always had a hard time working together, but lately the frustration and tension has spilled over to colleagues and family members on each side. Fran catches you first, her story emerging in messy, manic detail. Eric, she claims, is acting unreasonably. He is incompetent and he is being…

Almost weekly if not more frequently we are being made aware of surveys predicting rises in property prices for 2014. In today’s Financial Review we are told that property is in for a bumper year, with higher prices, increased building and more jobs according to a new survey. The bullish outlook, based on the views…

Recently, the Ipswich District Law Association invited Mike to attend their February seminar and discuss the notion of “Advocacy in the Family Law Jurisdiction” with interested local legal practitioners. Mike, who is a regular speaker at legal seminars, emphasized among other things, the importance of preparation, civility and courtesy in obtaining the best results for…

On Monday 3 December 2012, Mike Emerson and other Brisbane Mediations panelists were pleased to join with fellow mediators and family law practitioners at the launch of the third edition of the very valuable publication “Mediating Families” written by Brisbane Mediations panelist and renowned mediator Mieke Brandon and her co-author Linda Fisher. Congratulations Mieke and…

On 6 December 2012, Mike Emerson, Shannon Daykin and Aishwarya Singh solicitors with Emerson Family Law attended the annual Christmas wind-up of the Family Law Practitioners Association. The Association has had a productive year under the able leadership of Deborah Awyzio. The new President of the Association is Trent Waller, who heads the Family Law…

On Saturday 1 December 2012, Mike Emerson and Brisbane Mediations panelist and psychologist Megan Morris did a joint presentation for the one-day Family Law seminar convened by the Association of Private Practicing Psychologists (QLD). The seminar was most successful and included presentations by family lawyer Michael Lynch and David Hugall, the manager of the Family…

The Qld Government has announced that for contracts formed on or after 12 September 2012 the new First Home Owner Construction Grant will be $15,000 for the construction or purchase of new home valued up to $750,000.

The Annual General Meeting of the Queensland Law Society will be held at 5.30pm on 15 November 2012 at Law Society House.

The QLS has announced a new initiative to recognise an outstanding member of the Society who is working to improve law and justice in the community. Nominations open this month for the Inaugural QLS President’s Medal, which will promote leadership in law and be awarded at the Legal Profession Dinner in February 2013. Details from…

The National Family Law Conference has just ended in Hobart. The conference is held on a bi-annual basis and mainly rotates between Australian capital cities. Delegates report that papers delivered were excellent and will keep practitioners abreast of developments in an ever-changing field.

An On-line Legal Research Skills training course convened by QLS will be held from 8.30am -1pm on Thursday, 30 October 2012. Details at QLS.

Queensland Law Society (QLS) operates a referral list to refer members of the public to specialist practitioners and nationally approved mediators. For more details contact QLS.

Did you know that the first intake of the University of Southern Queensland (USQ) School of Law completed their degrees at the end of 2011? The number of graduates in 2011 was 35 and the number of current students in the Law School is 870. Further, programs are offered at both Toowoomba and Springfield compuses…