It is common for either one or both spouses to receive an inheritance during their relationship. Sometimes the inheritance is received during the relationship and sometimes it is received after separation but before there has…
There are many ways in which a parenting order can be breached. The most common situation that arises is where there is an order that provides for one parent to spend time with a child…
Parenting Orders embody an agreement between two parents in relation to their child or children and are looked at very seriously by the courts. But what happens if one parent contravenes an order. In this…
Working out how much child support each parent is responsible for is often a flashpoint between couples with children who then separate. In Australia, calculating the right amount of child support you either pay or…
There are many reasons elderly Australians live with their grown children in a ‘granny flat’ situation. It might make financial sense to do so, they might want to be close to and care for grandchildren,…
Under the Family Law Act, parental responsibility in relation to a child, means all duties, powers, responsibilities and authority which, by law, parents have in relation to children. The amount of time a child lives…
When you think of family law, most people will think about parenting disputes, property settlements and divorce. It is not surprising then that a large part of the Family Law Act 1975 (Cth) is devoted…
Is superannuation taken into consideration for Family Law settlements? Yes, since it was amended in 2002 the Family Law Act (Cth) has provided that superannuation is to be treated as property in family law proceedings,…
What is regarded as a “short relationship”? The expression short relationship is often used to describe a marriage or de facto relationship which has lasted for less than five years. Some issues which typically arise…
Do I need a Family Law Property Settlement? Can I just get a divorce? These are common questions. A property settlement and/or a spousal maintenance claim is entirely separate from a divorce. A divorce simply…
Let’s face it. If you bank a dollar every time a lawyer or financial professional mentions the importance of a valid Will, you can probably amass an impressive little sum. But in reality, simply creating…
If you’re going through some sort of family upheaval, one of the toughest decisions you’ll face is whether legal intervention is required. If it is, you’ll have to decide whether to seek advice from a…
Planning a holiday overseas and need a passport for your child? If you are planning to travel overseas with your child, you should not book anything until you have written consent of the other parent…
We never married. Does the Family Law Act still apply when it comes to our property settlement? Yes. From 1 March 2009, parties to an eligible de facto relationship which has broken down can apply…
It happens all the time. You and your spouse have had a row. Heated words are still being exchanged as one of you heads for the nearest exit. “If you leave,” one of you shouts,…
What you need to know about SOCIAL MEDIA AND FAMILY LAW Social media has changed the way we communicate with each other. Instead of having an audience of one or two through telephone or face…
You may have heard that when it comes to a property settlement that invariably, there is a 50/50 split, is it true? In this podcast, Accredited Family Law Specialist, Yvonne Cox of Harris Lieberman answers…
Before we can consider the circumstances in which a person can stop paying spousal maintenance, we first need to ask two fundamental questions: What is spousal maintenance?; and When is spousal maintenance payable? What is…
The question of how the court determines what is in a child’s best interests is central to all family law matters involving parenting issues. The reason for this is that Section 60CA of the Family…
You and your spouse have separated and there are a number of matters that need to be dealt with such as the care arrangements for the children, the division of assets and the divorce. You…
