Blog
Category: Family Law
A guide to subpoenas in family law
Different courts have different requirements, timings and expectations in relation to subpoenas. This article looks at what you need to know regarding subpoenas in the Federal Circuit and Family Court of Australia family law matters.
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Guide to family law reforms effective from May 2024
Most of the amendments to the Family Law Act 1975 came into effect on 6 May 2024. The changes will apply to new and existing matters. This means that if you have a family law matter already before the Court and the final hearing had not commenced prior to 6 May 2024, the new laws will apply.
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Should I have a lawyer for my family law mediation?
Mediation is a popular method of dispute resolution for family law matters. Despite it being more efficient and cost-effective than court proceedings, it’s common for parties to a family law dispute to be unsure where to start.
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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?
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
When making Parenting Orders in relation to a child, the Family Law Act requires the Court to regard the best interests of the child as the paramount consideration. In doing this, the Court may give consideration to the views of the child.
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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
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
It’s important for separated couples to be very careful with what they post on social media platforms like Facebook, Instagram, X (formerly Twitter), Threads and TikTok 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
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
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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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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