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Category: Family Law


Retaining assets in joint names after separation or divorce

Retaining assets in joint names after separation or divorce

When a separation or divorce is being considered, a common question often arises of whether parties can keep assets in joint names, even after finalising their family law property settlement. In this blog, we explore the risks of retaining joint assets after separation or divorce.
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What is a partial property settlement?

What is a partial property settlement?

Even the most amicable of family law matters can take a significant period to be finalised by way of Court Orders. A common question we are asked is, "How do I pay my expenses and legal fees until the completion of my matter?" One option may be to apply for partial property settlement.
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Are the views of the child considered in family law proceedings

Are the views of the child considered in family law proceedings

Factors such as the child's maturity or level of understanding will inform the Family Court as to the weight, if any, it should give to the views of the child. Sometimes, a child's views will carry a significant amount of weight, and in other cases the child's views are given no weight at all.
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What is an Independent Children’s Lawyer?

What is an Independent Children’s Lawyer?

An Independent Children's Lawyer is appointed by the Court to represent and promote the best interests of a child in family law proceedings. The ICL plays a crucial role in parenting disputes but must act independently of the Court and the parties.
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Landmark family law reforms passed in October 2023

Landmark family law reforms passed in October 2023

On 19 October 2023, the Australian Parliament passed two significant pieces of legislation in an attempt to reform Australia’s family law system. These two pieces of legislation have been designed to make Australia’s family law system simpler, safer and more accessible.
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Beware when using social media during family law proceedings

Beware when using social media during family law proceedings

It’s important for separated couples to be very careful with what they post on social media platforms like Facebook, Instagram, Twitter, Threads and Tik Tok, when engaged in family law proceedings like divorce, property settlement and parenting negotiations.
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Navigating Christmas and time spent with children after separation

Navigating Christmas and time spent with children after separation

Many separated parents will be able to amicably make parenting arrangements for the Christmas period but some parents will be unable to reach agreement. For those parents, it’s important to know that any court applications to deal with parenting arrangements at Christmas must be filed by 4.00 pm on the second Friday in November in each year.
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Annulment of marriage in Australia

Annulment of marriage in Australia

An annulment of a marriage is not the same as a divorce. Annulment of your marriage is a legal declaration that there was no legal marriage between the parties even though a marriage ceremony may have taken place.
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Can I use a caveat in my family law matter?

Caveats and family law

Parties to family law proceedings may consider lodging a caveat on property not in their name, however, this is not a straightforward process. There are complex criteria which must be met before anyone can lodge a caveat on property, including after separation or divorce.
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What is a family law Contravention Application?

What is a family law Contravention Application?

A Contravention Application is an application made to the Federal Circuit and Family Court of Australia seeking the Court's remedy where there has been a breach of Court Orders in a substantial or significant way.
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Grandparents’ rights in family law matters

Navigating family law matters as a grandparent

Family law matters can be complex and confusing not just for separating parents but also for other family members. This guide is written to assist those navigating the system as a grandparent.
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How is inheritance treated in family law property settlement?

Inheritance and family law property settlement

We look at how the courts treat an inheritance received before, during or after a relationship, when determining property settlement.
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