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.
Interim Parenting Proceedings: Goode & Goode
The Full Court set out the legal principles applicable to interim parenting proceedings in Goode & Goode.
My Ex Won’t Consent to a Passport. What Happens Next?
An Australian passport cannot be issued without the written consent of each person who has parental responsibility for the child. What can you do if your Ex does not consent?
Property Settlements: An Exception to Stamp Duty
Stamp Duty is a fee charged when you purchase a property or otherwise acquire an interest in property. But where property is transferred because of a divorce or relationship breakdown, it is possible to avoid paying Transfer Duty.
Relocating the Children Post-Separation
Post-separation, it is common to want to move away and start over. However, relocating can attract legal consequences if there are children of your relationship and the Court may intervene to prevent one parent from moving with the children.