Except in limited circumstances, an interest that a party has in a real property that is registered in the name of one spouse or jointly held with another person will be included as an asset of the parties to be divided between them. In a recent case the court was faced with an application [...]
The value of accrued long service leave can be large and can therefore be a significant factor in a property settlement. But how is it treated? The Full Court considered the question in the case below. The Facts The parties had a relationship of 14 years. At commencement of cohabitation the wife had savings [...]
School Counsellors have certain obligations as professionals when disclosures are made to them by children. A family law case (Parker and Grams [2012] FMCAfam 401) has considered a school counsellor's behaviour and the consequential impact on the child's care arrangements, where the counsellor failed to comply with their professional obligations. The Facts: The parties [...]
A Family Report is a document written by a family consultant. A family consultant is either a psychologist or a social worker. They will usually have extensive experience and expertise with children going through separation. A Family Report provides an independent assessment of the issues involved in the case and can help the Judge [...]
There are many reasons why it is important not to delay getting Family Law advice. Whatever you do, don't rely on the experience or suggestions of friends or family! Here's an example of why you shouldn't delay. Being aware of how the law applies to your situation does not mean that a legal process [...]
When finalising a property division, the Family Law Act is quite clear, that there should be finality. This means a ‘clean (financial) break’ between spouses with no ongoing financial connection. But what if there is co-operation and a jointly run business? The logic of final financial severance is that it avoids likely complications arising later [...]
The Family Law Act requires that parents that are not in agreement about their child’s parenting arrangements must attend mediation. They must also obtain a Certificate of Attendance (Section 60I Certificate) before an Application for a parenting Order, can be made to the court. The types of section 60I certificates, which may be issued by a [...]
The Child Support legislation imposes a legal obligation on parents to provide for the financial support of their children. The role of Services Australia (previously known as Child Support Agency) is to assess and collect child support. Assessments are made under Service Australia formula (which was changed on 1 July 2008). Once an administrative [...]
Divorce raises a lot of emotions – hurt, anger, disappointment. It's usually not pleasant – so surely blame and fault should play a big part? No Fault System For those that are new to the process, the first – and sometimes 'shocking' – discovery is that the Family Law system in Australia is based [...]
Allowing a child to travel overseas A frequent problem that separated parents encounter is trying to reach an agreement on whether one of the parents can take the child overseas. In the vast majority of cases this is in the context of an overseas holiday, however from time to time there is a more [...]
