For most couples it is not uncommon that one spouse will earn more than the other, particularly when that lower income earning spouse has taken on the homemaker role. In a recent case, the court had to consider whether an adjustment should be made to the property division in the wife’s favour, since the [...]
A family pet is often considered as part of the family, but the law in Australia provides that pets are considered chattels (property). In a divorce, their ownership is determined by the court in a property settlement. Whilst such cases are rare, a recent case has considered such an issue. The Facts The couple [...]
The High Court recently considered a Family Law matter if a sperm donor could legally be considered the father and then be able to have input into parenting arrangements, such as, if the child could move overseas. The answer? Yes, but the facts of the case are important. Does being a sperm donor automatically [...]
The role of mediation between separated couples has become better understood over recent years, but what is child-inclusive mediation? It's becoming more common, so let's look at it. Child-inclusive mediation Resolving parenting arrangements after separation is often difficult. Knowing what the child thinks about possible arrangements is often an issue, but how to independently [...]
The aim in all separations is to try and reach an Amicable Agreement. For property division, that process usually involves an 'offer to settle' being made. That may seem obvious, but there is a bit more involved than you might think. Offer to settle An ‘offer of settlement’ is a proposal, usually in writing, [...]
In Australia, you can only apply for a divorce after you have been separated for a period of 12 months. This period satisfies the legal requirement that the relationship has broken down irretrievably. This does not mean, however, that everything is on hold for 12 months while you wait the ability to make a [...]
Being a multi-cultural country and having exposure to media from around the world, it can be confusing for people in Australia to know what is required for a Divorce. Let's clarify the position in Australia but also have a quick look at the situation in some other parts of the world. Every country in [...]
A parenting order in the case where mother unexpectedly passes away and her 13 year old son wants to continue to live with his step-father, contrary to the biological fathers wishes. What should happen? The Family Law Act provides that a parenting order may be applied for by: A parent; The child; A grandparent; [...]
When a separation occurs, spouses can sometimes act in unexpected ways. This may involve assets being taken, whether it be cash spent, shares sold, mortgages extended, or real estate sold. Once assets are gone they can be very hard to retrieve. So, in these urgent situations what can be done to protect property? The [...]
Separated parents often have very different parenting styles which can cause conflict. One common example of this is when one parent utilises child care or after school care and the other parent is available to care for the child at those times. The question from parents is usually “why should a stranger care for [...]
