When should an asset not form part of the property pool? In some cases, when it’s a military pension. In a recent case, a judge was found to have made an error by counting a military pension twice during a property split – firstly, as a capitalised asset, and then, secondly, as a future [...]
We’re thrilled to announce that our Senior Associate, Kathleen Dare, has received recognition from the Queensland Law Society (QLS) for her remarkable 25-year membership. Kathleen has been presented with a special honour pin for her contributions and dedication to the society. Kathleen has extensive experience in various family law areas, including divorce proceedings, property [...]
Deciding where your children will live when you’re going through a relationship breakdown and separation is no easy task. One arrangement that is increasingly popular is called “bird-nesting” or simply “nesting”, where the children remain living in the house, and parents take turns each week staying with them. It’s an ideal solution for the [...]
If you and your spouse have decided to separate and you have children, one of your major concerns will be the impact on your children. So, after separation what comes next for your children? Here’s our “quick tips” guide to helping you with parenting arrangements after separation. Shared parenting does not always mean equal [...]
The Federal Circuit and Family Court of Australia has recently shed light on the issue of false sexual abuse allegations in parenting matters. In the case of Grier & Grier [2023] FedCFamC1A 32 (23 March 2023), the Court dealt with a complex Family Law matter involving false sexual abuse allegations made by the Mother [...]
There’s no doubt grandparents are invaluable to families. They provide support to parents in a number of ways including taking on babysitting duties or even giving financial help. But can that “help” be counted during a property settlement? In a recent article, we addressed the court’s position in relation to financial support from grandparents [...]
Coercive control is an insidious form of domestic violence and is often a precursor to serious physical violence. In a recent case, (Carter & Wilson), a trial judge found that a mother was guilty of using coercive control in preventing her child from seeing his father. However, on appeal that decision was reversed. To [...]
We’re all used to the concept of doctor/patient confidentiality, but in some cases, notes from a psychologist can be used during family law proceedings. A subpoena must be issued for the notes, and if the psychologist complies, those documents will be made available to everyone involved in the case. Sometimes either the psychologist, or [...]
As family lawyers we advise clients after the breakdown of their marriages and de facto relationships, whether they are heterosexual or same-sex relationships. There are also partnerships called “polyamorous relationships” which have very recently come under scrutiny by the Family Courts. A polyamorous relationship is defined as having a romantic relationship with more than [...]
