Family Law

Redundancies, both voluntary and involuntary, are a very common occurrence in Canberra in recent times. Many people view them as a fresh start, a means of paying down debt such as mortgages, and a way forward into their future. This is particularly the case if a redundancy occurs shortly after a separation. Incorrectly, many people who receive redundancies after separation...

It is not uncommon in small business arrangements for spouses or de facto partners to be directors and/or shareholders of companies through which the business is operated. Other entities may be established, including discretionary family trusts and Unit Trusts. Commonly one of the spouses or de facto partners does not have an active involvement in the business. This is despite...

Do I need permission from the other parent or a Court to move with my children? Parents need to be aware that if you move within Australia without the other parent's consent or a court order, the other parent may apply for a recovery order in the family law courts seeking to have the children returned. If a recovery order...

This is an important question to ask, because being in a de facto relationship can have significant implications in relation to social security, income tax, wills and estates, and other areas of the law. It also means that if you separate, you or your partner may have a claim for property adjustment, superannuation splitting, and/or partner maintenance under the Family...

The cost of litigation is often the most important non-legal issue parties want to know about when deciding whether to take a matter to Court. Litigation is more expensive and usually takes longer than resolving a matter out of Court. While the majority of matters in the family law jurisdiction resolve by agreement, and most family lawyers work towards achieving...

The breakdown of a marriage or de facto relationship is usually a time of high stress and emotional turmoil. This is particularly so for children of the relationship as the separation can have lasting, if not permanent, consequences. Separation inevitably involves a period of upheaval. For some children this period can last a relatively short period of time (the time...

As family lawyers we often hear from clients at the outset that "they know what to expect (in their situation) because a friend/colleague/ family member went through a divorce or separation". More often than not, the "advice" that they have been given is incorrect or misleading. Every family law matter is different and it is important to seek specialist advice...

What is an "add back"? Until recently, the Family Law Courts often treated property disposed of by a party after separation as notional property and "added back" the value of that property to the pool to be divided. The Court would often take this step if: 1. The asset was deliberately disposed of for the purposes of reducing or minimising...

For many people, the end of a relationship is a time of change and upheaval. One of the many things to think about after separating from your partner is how to divide property and finances. You may feel reluctant to begin that process. This is understandable, but delay in doing something about dividing your property may cause unexpected, and sometimes...

One of the most important steps in the process of dividing your assets is to identify and value the "asset pool". Both you and your former spouse have a duty to disclose assets that exist at the time of your settlement or assets to which you may have an entitlement in the foreseeable future (such as a deceased estate or...

What is superannuation splitting? The trustee of one spouse's superannuation fund can be required either by Court Order or by agreement to split some of that spouse's superannuation interest to the other spouse on separation. Both spouses then have separate interests in the superannuation fund, which they can access on their retirement. In some cases, an interest can be 'rolled...

With a healthy tourism market and affordable air travel, Australians are finding it more and more appealing to take the kids on an international vacation. For separated families, travelling internationally with their children isn't as simple as nabbing a cheap flight and resort package deal online. Parents need to be aware of the issues which arise in relation to international...

One question that commonly arises after the breakdown of a marriage or a de facto relationship is deciding what to do with the "family home". Typically there are two options: the property is sold or the property is retained by one of the parties. The breakdown of a relationship is almost always a time of considerable anxiety and stress. The...

Statistics tell us that these days people are staying at home for longer; marrying for the first time older and starting families later. As a result, most couples entering into a de facto relationship or a marriage are bringing more to the table than ever before. It is for this reason that couples are increasingly opting to enter into Financial...

For separated parents the child support system can be a mine-field to navigate but there are options available to those who wish to move away from the inflexible assessment scheme and enter into a private agreement. From 1 July 2008, separated parents have had the option of entering into two types of child support agreements - binding child support agreements...

In 2003 Australia ratified the Child Protection Convention. This Convention is also known as the Convention on Jurisdiction, Applicable Law, Recognition and Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children. The Child Protection Convention provides for the personal protection of children and for the protection of property of children. While the Convention was...