Spouse maintenance is available under the Family Law Act for married couples or for defacto couples. Spouse maintenance is not gender specific. For a spouse maintenance entitlement to arise there must be a significant difference in the spouses’ income at the date of separation. If the relevant criteria is satisfied then the spouse with the [...]
When final property settlement orders are made there is limited scope for one of the spouses to have it set aside. A recent case has considered at an interim hearing whether the failure by one of the spouses to disclose relevant information is reason enough to set aside an order. Here are some facts: The [...]
Yes, it’s hard to believe, but the Easter school holidays are approaching and for those in Brisbane and the Gold Coast, the Commonwealth Games. All up, it’s a busy time! For separated families, negotiating the kids’ holiday arrangements this time of year can be a challenge. So, what can separated parents do to make the [...]
In a recent case the mother wanted the father to have ‘no contact’ with the child. The mother alleged there was an ‘unacceptable risk’ to the child if contact were to occur. So what is this concept of ‘unacceptable risk’ that frequently comes up in family court parenting cases. The court decision last month provides [...]
A dad who owed $350,000 in child support repaid the entire bill on the spot when he was prevented from boarding a flight overseas. The father was stopped with a departure prohibition order (DPO) from the Child Support Agency in December as he tried to leave the county and avoid paying the claimed child support [...]
Child relocation cases are difficult and almost always focus on the applicant parent wanting to move with the child to a specific location. So when the court orders that an applicant parent can move ‘wherever their defence force job may send them’ it is important to stop and take notice. The court recently made [...]
The Family Court of Australia has recently announced that the Family Court Judges have approved significant amendments to the Family Law Rules which will take effect on 1 March 2018. The biggest changes to the Rules to be made aware of are: You are no longer allowed to have annexures to an affidavit. Rather, any [...]
Often, separated parties confuse the process of Divorce with issues regarding property and parenting. However, a Divorce is a separate application. The sole requirement for a Divorce is an “irretrievable breakdown of the marriage”. This “breakdown” is established by the spouses having been separated for at least 12 months (which can include separation “under the [...]
Superannuation often makes up a significant portion of the property available for distribution between separated spouses. When spouses are reaching retirement age and one makes a threat to unilaterally claim their super, urgent action is required. In these circumstances, the exposed party may need to urgently apply to the court for an injunction which: Prevents [...]
Not surprisingly, one of the most common questions we get is what will someone’s entitlement in a property settlement be. The answer is: it will differ for everyone – but here is what you should consider. Working out a property settlement is unfortunately an inexact science, but it essentially involves four basic steps: Stage 1: [...]
