Currently, under sections 61D and 61DB of The Family Law Act 1975, there is a presumption that parents have equal shared parental responsibility when a court is making parenting orders.

This means that at a starting point, it is in the best interest of the child to spend equal and substantial/significant time with each parent. This also means that the parents are to share equally the duties, powers and responsibilities of a parent, such as making long term decisions about the child.  

Following separation, you may find yourself in one of the following predicaments:

(a) You remain living in the family home that has a mortgage over it, whilst your partner has moved out.

(b) You have moved out of the family home and your partner remains in the home.

When parties with children separate, there may be a disagreement about the time the children will spend with the other parent. This can in turn create another hurdle for children to spend time with grandparents on both sides of their family.

When a relationship breaks down, superannuation frequently represents a significant part of the asset pool of the relationship and often raises the most questions. Understanding how superannuation should be dealt with as part of a property settlement is important and can be complex as many factors can influence how much superannuation a person has been able to accumulate, for example, when a party has taken time away from the workforce to raise children.

The duty of disclosure in family law is a fundamental legal obligation that requires parties involved in a family law matter to exchange all relevant information related to the issues in dispute in a timely manner as per the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This relates to both property and parenting matters.

When faced with a relationship breakdown, tax issues might be the last thing on your mind, however, Capital Gains Tax can impact the value of a family law property settlement.

The Family Law Act 1975 (Cth) (the Act) section 60CA requires the Court to consider the best interests of a child when deciding a particular parenting order.

Sometimes during separation, it can be hard for parents to put aside their own interests and recognise the outcome(s) that will be best for their child or children.

Section 60CC of the Act sets out primary and additional matters that the Federal Circuit and Family Court of Australia must consider when making orders.

A Consent Order is an order made by a court when parties have reached an agreement which they want to document to be legally binding. A Consent Order in family law can be made regarding both property and parenting matters. When an agreement has been reached, an application can be made to the court for the orders to be made, however, the parties are not required to attend court. The matter is heard by a Registrar in the Federal Circuit and Family Court of Australia, without appearance by either party.

The Family Law Act 1975 (Cth) (the Act) sets out the timeframes or standard application periods that parties to a relationship can commence court proceedings for the split of relationship property.

After separation, couples may need assistance from the Federal Circuit and Family Court of Australia to determine the division of property and assets, and the care arrangements of children. When the court determines an outcome, these are called orders and they must be followed by the parties.

Buying or selling a home is an exhilarating journey filled with excitement and anticipation. However, it can also be a bit overwhelming, especially when it comes to navigating the legal aspects of the transaction. But fret not! We're here to help you through the process with ease and confidence. Here are the essential steps to get you started:

Every year in May, Queensland recognises Domestic and Family Violence Prevention Month, which aims to raise community awareness of domestic and family violence and coercive control, and the services available to support individuals experiencing family violence.

What relief might a non-bankrupt spouse have against the trustee in bankruptcy (where their spouse is bankrupt)

The pool of assets available to a debtor’s creditors can be affected by a non-bankrupt’s rights under the Family Law Act 1975 (FLA).[1] Section 31 of the FLA allows the court to have accrued jurisdiction where there are other proceedings in other jurisdictions where a trustee may have commenced proceedings about a similar dispute about the division of matrimonial property.[2] 

Domestic violence can have a serious long-lasting effect on victims and their families.

Some of the potential impacts can include:

1. Physical Injuries: broken bones, cuts or even death.

2. Psychological trauma: post-traumatic stress disorder, anxiety, or depression.

3. Social Isolation: can make victims feel ashamed and isolated from family and friends.

4. Economic Instability: being financially dependent on an abuser can cause financial hardship.

5. Health Problems: chronic pain gastrointestinal problems, headaches etc.

6. Children: witnessing the abuse, thinking it’s normal behaviour.

Spousal maintenance is a form of financial support paid by one former spouse to another after separation or divorce. In Australia, the Family Law Act 1975 governs the laws relating to spousal maintenance. This act recognizes the right of a financially dependent spouse to receive maintenance from their former partner. 

Parental high conflict is a situation where parents are constantly engaged in arguments or disagreements about anything from financial issues to co-parenting children. Conflict becomes even more of a risk between parties when separation occurs. With the additional stress of how you are going to co-parent, divide your property, or at worse commence court proceedings, conflict often increases. In these situations, disputes can become so severe that there is no communication between parents at all.

A contract is a legally binding agreement between two or more parties. Each party is obligated to fulfil their respective obligations under the contract. However, there are situations where one party may refuse to perform their obligations or indicate that they will not perform their obligations in the future. This is known as a repudiation of the contract.

The Summer holidays are over, you made it through Christmas and now the kids are back at school. You have been thinking about if for a while, though aren’t too sure on how to go ahead with either separation or divorce. The way in which you conduct yourself in the lead up to and post separation is so important to getting the best result for you and your family, remaining civil, and avoiding costly (and lengthy) litigation with your now ex-partner. 

Whilst there is no single definition, coercive control is a pattern of behaviour that controls a person’s autonomy. It can be subtle and sometimes victims do not speak up because they are fearful of the adverse action, they may experience from doing so.