Organising a property settlement after a relationship breakdown can be a complicated process. Many people are unsure about what happens to their income and assets acquired after they’ve split up from their partner. Generally speaking, courts do not require people to go into a state of “suspended animation” once their marriage breaks down, pending [...]
It's important for divorced and separated parents to know that parenting orders made overseas can be registered in Australia. However, it depends on the country in which the parenting order was made. If your parenting orders were made in a country that is part of the Hague Convention, you can apply to the Federal [...]
On 22 February 2023, the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022 was passed in the Queensland parliament. Coercive control involves a pattern of behaviour or ongoing behaviour designed to exert power and control over another person in a domestic or intimate relationship. Such behaviour can include: [...]
I have just separated. What should I do now? The breakdown of a relationship is one of life’s biggest events and greatest stresses. In the midst of the turmoil it’s difficult to know what to do. If you or anyone you know has separated, here are some tips on what to do next. Stay [...]
Whilst the Covid-19 pandemic saw house prices in parts of Australia go through the roof, it is predicted that with interest rate hikes and the 'cost of living crisis', that values may plunge in 2023. Parties who have delayed resolving their property settlement may be regretting not having listed their home for sale before [...]
How long, for family law purposes, do a couple have to be together to be in a legally defined de facto relationship? Generally, the courts will consider a couple as being in a de facto relationship if: you lived together as a couple for at least 2 years there is a child from the [...]
We are excited to announce that Kirstie Colls, Director and Head of Family Law at Michael Lynch Family Lawyers and a renowned expert in Family Law, will be presenting at QLS Symposium 2023 on 10 March 2023. The sold-out event hosted by Queensland Law Society, which will be held at the Brisbane Convention and [...]
Not surprisingly, this is one of the most common questions we get asked after a couple of have separated. There are no hard and fast rules about who gets what following separation, and you shouldn’t make the mistake of thinking that everything will be split 50/50. There are four basic stages in working out [...]
It’s a common situation after a relationship breaks down where one parent wants to move, whatever the reason for that may be, and wants to take the child with them. But, when the other parent does not want their child to relocate, what happens? The Family Law Act sets out the law relating to [...]
If a parent intentionally fails or makes no reasonable attempt to comply with a parenting order, the court can make a finding that they have contravened the order. Where it is found that an order has been contravened, the court has the power to make a variety of orders depending upon the seriousness of [...]
