Family Law

Family Law 21 February 2024 Difficult Divorce Applications

Applying for Divorce can be so hard emotionally, that it ends up being put off completely instead of getting closure and finally severing ties. If a separation is final and all reasonable prospects of reconciliation of the marriage have failed, staying married may become a stumbling block to actually “moving on” with a new life …

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Family Law equitable distribution principles 13 February 2024 Dividing Superannuation in Family Law Settlements

For family law purposes in Australia, superannuation is treated as “Property” and can be divided between the parties after the breakdown of a marriage or the breakdown of a de facto relationship.  Rather than cashing out the super money, however, the superannuation is “split” and assigned to the partner who is entitled to a top-up. Superannuation …

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Family Law Family Dispute Resolution family mediation 7 February 2024 How to Settle Your Family Law Matter…and Avoid Going to Court

Ways To Formalise Your Agreement in Family Law If you and your former partner can reach an agreement in principle about how to divide your property and financial resources, you can save an enormous amount of time, money and the stress of being in the Court system.  After agreed, making it legally binding, means you …

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custody disputes dispute resolution Family Law 13 December 2022 Family Court rules unacceptable risk -father cannot see daughter at all

A father failed in his appeal seeking to see his daughter in the case of Lim & Zong [2022] FedCFamC1A 146 (20 September 2022). Background This matter involved an appeal brought by the father of a 10 year old girl against parenting orders made by the family courts. The orders provided that the child would …

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Family Law 12 December 2022 Family Court orders equal time with kids

In the case of Blatch (No 5) [2022] FedCFamC1F 651 (31 August 2022) the court made orders gradually increasing the father’s time with the children to equal time but also ordered him to get up to date with his child support. Background The parties commenced living together in 2003 and married in 2005. They have two …

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Family Law 7 October 2022 Commencing or responding to proceedings in the Family Courts of Australia

Proceedings are commenced by filing an Initiating Application. The necessary pre-action procedures, full and frank disclosure, must have already been completed. Initiating application File the following documents with an Initiating Application in financial proceedings: 1. a Genuine Steps Certificate that certifies the applicant has complied with the pre-action procedures and made a genuine attempt to …

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Parenting Orders Custody Family Law parental involvement 27 April 2022 Parenting Plans and Consent Orders – What’s the Difference?

Parenting Plans and Consent Orders are the two options for documentation of agreed care arrangements for children.

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Family Law dispute resolution family mediation 7 April 2022 8 Top Tips to Prepare for Mediation and Family Dispute Resolution

Mediation and Family Dispute Resolution (FDR) can help you work through your parenting and financial agreements, resolve disputes, and find solutions that provide the best outcome for all parties involved. 

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Family Law 25 January 2022 Reversal of Custody Where Father Wrongly Accused of Sexual Abuse

Reversal of Custody Where Father Wrongly Accused of Sexual Abuse – A Case Study Let’s take a look at a recent case where a father was wrongly accused of sexual abuse from the mother, and what the ultimate outcome came to be. Father accused of sexually abusing his children In the case of  Syms & …

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Family Law Binding Financial Agreement 13 December 2021 Family Law: What are Binding Financial Agreements and why it’s important to have one in place?

Couples who are looking to enter marriage or a de facto relationship may consider a Binding Financial Agreement (BFA) or also widely known as a ‘prenuptial agreement’ or ‘pre-nup’.

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