Self-Managed Superannuation Funds in Family Law Disputes The rules of compliance for self -managed superannuation funds (SMSFs) are heavy. Many mums and dads who are members or trustees of such funds, are not aware of what they need to comply with, and can make innocent mistakes that could lead to financial penalty or in some …
Divorce Family Law Laws on Children Separation
17 September 2019
Applying for a passport for a child without both parent’s consent
Applying for a passport for a child without both parent’s consent An application for an Australian passport for a child has required the consent of both parents. However, for a variety of reasons, sometimes it is not possible to obtain the consent of both parents (especially if they are separated and not on speaking terms). …
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Custody Family Dispute Resolution Family Law Parenting Orders Separation
6 June 2019
Social Media and Family Law
Social media and family law: The impact on parenting proceedings One increasingly popular form of evidence in parenting proceedings is that which is obtained via social media. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for parents. Social media and family law is …
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Divorce Family Law Property Property Settlement Separation
29 August 2017
Splitting Super after Divorce
How is superannuation dealt with in family law? 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 is “split” and assigned to the spouse who is entitled to a top up. Superannuation …
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Contact Court Custody Family Law Laws on Children Separation
1 August 2017
Child kidnapping cases in Australia family law
Help! My ex-partner has kidnapped our child! Will the police help? The short answer is no. Clients often come to us stating that their partner has taken the child and that the police won’t help. In most instances a parent taking a child is not considered ‘kidnapping’ which is normally a term applied to the …
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Asset Protection Contract Law Court Family Law Family Trusts Prenups Property Separation
19 October 2015
Binding financial agreements and prenups explained
A binding financial agreement or prenup as the casual term, is an written agreement between two parties setting out the assets, liabilities, property and other financial information of how it will be divided should there be a relationship breakdown. Binding financial agreements can be made before, during or after a marriage or de-facto relationship. Lets …
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Intervention Orders Laws on Children Separation
22 September 2014
Understanding Intervention and Protection orders in Victoria
There are two types of Intervention Orders for personal protection- family violence and personal safety. Family violence orders or Intervention Orders are applied for in situations which have involved actual violence or the threat of family violence. Where personal safety is involved, it can include situations like stalking, harassment or similar behaviour. If you need …
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Family Law Discretionary Trusts Family Trusts Property Separation
24 June 2014
Family law orders can counteract fake transactions
Family Law Orders can counteract Fake Transactions Under Section 106B of the Family Law Act, the Family Law Courts have power to set aside, cancel (or restrain) the making of a transaction by a party to proceedings, which is made or proposed to be made to defeat the interest of their spouse/other party in those family law proceedings. …
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Family Violence Intervention Orders Laws on Children Separation
4 April 2014
Intervention orders – what to do if you are served with one
Intervention Orders – What to do if you are served with one Breaching an intervention order is a criminal offense, with a maximum penalty of 2 years imprisonment or a fine up to $24,000, or both Many intervention order matters will arise out of a related assault (or other) charge, a family law matter or …
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Custody Family Violence Finance Laws on Children Prenups Property Refinancing Relocation of Children Separation
19 March 2014
The 8 myths of separation
The top 8 myths of separation Many of our clients come to see us with incorrect assumptions about their rights, and their ex- spouse’s rights after separation. To help you understand the process, we have put together a list of the top 8 myths of separation with answers: Myth 1. “If I move out I …
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