Property settlement refers to the division of assets, liabilities and financial resources between parties after the breakdown of a marriage or de facto relationship. As property settlement is concerned with …
Can the Court Look at My Social Media Posts?
What you say behind the screen surely won’t impact the outcome of your family law proceedings, right? That may not be true. A person’s actions on social media, whether their …
Do I Have a Legal Right to See My Grandkids?
Grandparents do not have a legal right to spend time with their grandchildren, but they may apply for a parenting order. A parenting order is a court order which can …
Do I Have a De Facto Relationship?
A de facto relationship is defined in section 4AA(1) of the Family Law Act 1975 (Cth) as being a relationship between two unmarried people who are not related and who …
Wasting Away: What Happens When Your Ex Spends Your Joint Money?
Section 74 of the Family Law Act empowers the Court to make spousal maintenance orders. This requires a consideration of the factors under section 75(2) of the Family Law Act. …
The Cardboard Box Billionaire and the High-Class Escort: Are Promises made to Family (or Mistresses) Legally Binding?
To have a valid contract, there must be an intention to legally bind yourself and the other party to its terms. Past cases show a presumption that domestic or family …
That’s Not My Name: Changing a Child’s Surname Post-Separation
Where parents separate and one parent wishes to change their child’s surname but the other opposes it, the court will decide the matter based on their assessment of the child’s best interests.
Stumped about Super? Find out about Superannuation and Family Law
Superannuation is property under the Family Law Act and after a relationship breakdown the Court has the power to make orders in respect of each parties’ superannuation interests.
A Harem of Wives – Is Polygamy Legal in Australia?
Polygamy is illegal in Australia but a polygamous marriage entered into overseas may be recognised in Australia
Life’s Not Like the Parent Trap: Can the Family Court Separate Siblings?
As a general rule, the Family Court has exhibited significant reluctance to order the separation of siblings; however, the court will separate siblings where it is in the bests interests of the children to do so.