Articles

When you first separate, you are likely to feel confused and overwhelmed. Here are 10 tips:

This is one of the most common myths that family lawyers are required to dispel. Another myth is that property is divided up 50/50 between spouses. Sometimes a wife or female partner in a de facto relationship may receive a greater share of the property pool than her husband or male partner after separation and sometimes a net…

It is a myth that Judges always award Dads less time with their children or that Mums always have primary care of their children. The Family Act 1975 (“the Act”) requires that orders are made that ensure the best interests of the child. Sometimes this will mean that Mums have primary care, sometimes Dads will…

It is not true to say that your family law dispute will definitely go to trial. The Federal Circuit and Family Court of Australia record (and it is our experience) that 80% of family law matters are resolved prior to trial. Parties may settle matters themselves (sometimes referred to as ‘kitchen table discussions’), through solicitor-assisted…

A party to a marriage is able to institute an Application for Spousal Maintenance against the other party during a relationship (although this is rare) or after separation.   The obligation arises where one of the parties is unable to meet all of their own reasonable weekly needs from their resources or income which they generate…

In the well known case of Fields and Smith [2015] FamCAFC 57 a Trial Judge’s decision to award a husband 60% of a property pool worth between $30 million and $39 million was overturned. In that case, the Full Court determined that the Trial Judge had erred in awarding an adjustment to the husband for what the…

Relocation cases are among the most heartbreaking and emotionally challenging in family law, not only for the parents and children involved but also for the Judges tasked with making these difficult decisions. As Kay J observed in the case of Hardy v Herlihy (2001) FMCAfam 1472 (unreported): “Relocation cases are agonising for all persons involved…

Who gets to keep fur babies at the end of a relationship has always been a highly emotionally charged issue. Previously, the Court treated pets as property (which was often unsatisfactory). Significant changes to the Family Law Act will soon come into effect to better recognise the emotional and psychological significance of pets in families….

Final parenting orders made by consent or by a court are intended to remain binding and enforceable until a child turns 18. Stability in parenting arrangements is generally preferred, as frequent litigation is costly—both financially and emotionally—and can strain co-parenting relationships. For children, consistent arrangements promote security and reduce uncertainty. The Principles of Rice v…