Once a property settlement has been decided by the court (or by consent), there are few options for changing that order. Generally speaking, courts are reluctant to look at any applications to set aside or change final court orders, but there are some exceptions. A person wanting to change or vary a court order [...]
Untangling your money can be one of the trickiest aspects of separation and divorce. Joint accounts, mortgages and investment properties as well as any Wills and estate planning you may have had in place, all has to change. When a couple first splits, there are a number of financial matters that you will need [...]
On average in Australia one woman each week is killed by her current or former partner. It’s a sobering statistic and behind many or all of these cases lies destructive behaviour known as coercive control.> Coercive control is a pattern of psychologically manipulative behaviour that perpetrators use to gain control and power over their [...]
Sitting down with your children to tell them you’re getting a divorce is one of the hardest conversations you’ll ever have. Be prepared for questions like “who will look after me?” or “where will the cat live?” Knowing where children are at developmentally can help how you might frame the discussion. 0 to 5 [...]
If you’re a business owner going through a divorce or separation, it pays to think about what kind of effect the split will have on your business. Under the law, a company is an independent legal identity, with the same rights as a person. When courts make decisions regarding property settlements, who owns what [...]
A successful blended family isn’t always easy, but many step-parents form a close bond with their non-biological children. If that couple later separates, the step-parent may wish to keep that close relationship with their step-child, but what rights do step-parents have? The court considers step-parents to be a person who is interested in the [...]
Co-parenting with your ex-partner is a steep learning curve but keeping up the lines of communication between parents is vital, particularly for children. For children, learning to manage two schedules and working out when they’re going to be with mum and when they’re going to be with dad, can be a daunting prospect. One [...]
Family companies often hold significant assets therefore they can often raise a lot of challenges in family law property settlements. Whether it is the spouse that controls the company and knows it’s workings intimately or a spouse that has no understanding of the company structure and operations, there is a lot to consider.[...]
It’s becoming more and more common for adult children to rely on the so-called “bank of mum and dad” for financial help when buying property, investing in business, or getting out of a sticky situation. Grandparents are often also relied on for financial support, or to provide free child care. That all adds up [...]
Spouse maintenance is financial support paid by one person to their former spouse or de facto partner in circumstances where they are unable to support themselves. Ordinarily, applications for spouse maintenance must be made within 12 months of the divorce order taking effect (for married couples) or two years from the date of separation [...]
