Adult Child Maitenance

What is the difference between adult child maintenance and child support?  People commonly use the terms “child maintenance” and “child support” interchangeably in Australia. There is, however, a distinct difference between these payments, how they apply and what they achieve.  What is child support? There is a requirement for parties to support children, regardless of […]

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Child Support Agreements

What is a child support agreement?  A Child Support Agreement is an agreement between parents that sets agreed terms that they have reached in terms of child support. Child Support Agreements allow parents to determine child support payments by agreement between them, without the involvement of the Child Support Agency or the need for a formal assessment that […]

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Post-Separation Assets

What Happens to Post-Separation Assets?  Parties can build up significant assets after separation and should be aware of how those assets are treated in family law proceedings. Property that is acquired after separation but before a formal property settlement is considered part of the property pool up until the property settlement time limits have been […]

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Sole Divorce Applications

You can apply for a divorce on your own without your former spouses consent, this is called a sole application for divorce. You might need to do a sole application for divorce if:   Your former spouse does not want to get a divorce; or   You are unable to locate your spouse.   So long as you […]

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Getting a divorce while living together

People remain under the same roof for various reasons after separation. The reasons can be financial such as waiting for a home to sell or the inability to afford separate households. Can I file for divorce if we still live together? Yes, you can get a divorce if you are under the same roof or […]

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How to Get a Divorce in Australia

Getting a divorce in Australia is a national process. It is the same for all states in Australia. The steps vary between whether or note your a sole applicant or joint applicant and whether or not you have children. Step 1  – Meet the eligibility requirements  In order to get a divorce in Australia, a person […]

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Superannuation, Divorce and Separation

Is my ex de facto/wife/husband entitled to my superannuation? In all Australian states (except Western Australia) superannuation is considered an asset in the same way property is with a property settlement. This means that like any other asset, it is included in the property pool and can be divided under a Superannuation Agreement if necessary. […]

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How do you get sole custody?

How do you get sole custody? In order to get sole custody you need to rebut the presumptions of equal shared care, to do this: prepare an affidavit of why the other parent should not have time with the child compile evidence to support your case apply to the court for a no time order […]

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How are gifts treated in family law?

Family Law Gifts and Property Settlements We have talked about how to determine if something is a gift or loan in family law and we have discussed at length who gets what in separation, however what if something is a gift intended only for one person? Should they keep that gift or does that gift […]

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Does my wife/husband/spouse get half of everything?

Is it 50/50 in a financial separation? There is a common assumption that property settlement has to be a straight 50/50 split, however, there is no default rule to have a 50/50 split. It is important to realise that each person’s settlement will probably be different from others you may have heard about. This is […]

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Transferring, selling or gambling away assets – Dissipated Marital Assets and post-separation debts

What is dissipating the asset pool? To understand what dissipating asset pool is we first need to explain what the assets of a family law settlement are. The asset pool consists of everything owned minus all of the liabilities at the date of the court orders. That is right you heard it, it is AT […]

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Loan or Gift in Family Law?

Loans and gifts in family law When separation occurs it is necessary to do a property settlement and calculate what assets, superannuation and liabilities are in the property pool. Liabilities are including debts except alleged debts that are vague, uncertain or unlikely to be enforced (such as an unsecured loan from a parent of a […]

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Why you really REALLY should finalise your financial separation sooner rather than later

Maybe you’ve had a sudden realisation that if you don’t quickly formalise your financial separation, their debts could be your debts and your assets could be their assets…. Yes, that’s true, as it is not the date of separation that the court uses to calculate the relationships networth but at the date the final order […]

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Can a binding financial agreement be overturned?

When can a BFA be set aside? A review of Thorne and Kennedy [2017] HCA 49 There is a reason most family lawyers shy away from BFAs, and that is because they can be overturned even when you give them the utmost amount of consideration. In Thorne and Kennedy that is exactly what happened, a […]

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Are assets received post family law separation included in the property settlement? A Property Settlement Case review of Farmer and Bramley (2000) FLC 93-060

A review of Farmer and Bramley (2000) FLC 93-060 Facts of the Case The essential facts of this case are as follows: The parties commenced a de facto relationship in January 1983, married in April 1984 and separated in January 1995.  The relationship was the second for both and spanned (10) years duration. The parties […]

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Family Law and COV-19

The recent pandemic COVID-19 will have an impact across all facets of Australian society, including participants and solicitors in Family Law and domestic violence matters.  The level of the impact, however, varies and ranges from minimal impact where parties have already sought Consent Orders, made an application for divorce or are not in Court, to […]

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