Following separation if a couple is unable to live separated ‘under the one roof’ and cannot reach agreement for one of them to leave the house, either of them can apply to the Family Court to obtain an order for exclusive occupancy. Here's one case that provides a useful insight into how to determine [...]
Looking for evidence? Tempted to press "record" during an access changeover? Before you do, be aware that there is a risk that you may not only be prevented from using the photos or video as evidence, but you will most likely be criticised as exposing the children to family violence. Technological advances and the [...]
Determining a property settlement involves considering various factors in the Family Law Act, in conjunction with someone's specific situation. In broad terms, the "pool" of property must be determined i.e. identified and valued (it is worth noting that the definition of "property" is very broad and can include individual, company and trust property), and [...]
Just because a child is undertaking further education after turning 18 does not mean that a parent is required to continue to financially support that child. Adult child maintenance is entirely separate from child support, it involves different legislation, different considerations and it has no prescribed formula. The key factor for determining whether adult [...]
From time to time we will speak to someone about arrangements for their children and they will propose that one child live with them and the other child with the other parent. These suggestions are usually made with the best of intentions and a belief that this is the perfect solution. But, what does the [...]
Severing the emotional and financial dependence on another person is a crucial yet often difficult part of a family law property settlement, particularly in matters involving a family farm. In these matters the physical, financial and emotional links and dependence are deeply entwined and have been made over many years, they can appear impossible to separate. [...]
Where there has been domestic violence in a relationship, it is possible to argue that there should be a percentage adjustment for property settlement to the spouse who has experienced domestic violence. This is particularly so where the violence effects in a significant and adverse way that parties’ ability to contribute to the relationship [...]
It may come as a surprise to you but when assessing contributions to the matrimonial property pool in determining a property settlement, a spouse cannot be found to have made a negative contribution, as no such term exists under the Family Law Act. This was reinforced in a recent judgement before the Appeal Court, [...]
