Blog
Category: Family Law
Reconsideration of final parenting orders – clarification of the approach
When considering a change to final parenting orders, whilst the Court must first determine that there has been a significant change of circumstances since the final order was made, ultimately any change to orders must be in the best interests of the child.
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Navigating child support - from assessments to private agreements
Navigating child support after separation from your partner can be challenging. Understanding the options available, such as child support assessments or private agreements, helps parents make informed decisions.
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Common causes of delays in progressing to mediation in family law matters
Once the initial stage of negotiation has taken place in a family law proceeding, the parties will move toward mediation to achieve a more structured outcome. One of the most common frustrations is the gap between negotiations and attending mediation.
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I made the money in our relationship so do I get more after separation?
When separating from your partner, you may find yourself asking, “I made the money in the relationship, so why can’t I keep it?” Whilst this seems like an easy question, when it comes to financial settlements in family law, the answer is not always as straightforward as it may seem.
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Navigating cryptocurrency in family law property settlement
Cryptocurrency is increasingly making its way into family law matters and cases in Australia. If you are about to start, or have already commenced family law property settlement after separation, and you have cryptocurrency holdings, you may be wondering how the Federal Circuit and Family Court of Australia view these holdings.
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Reconsideration of final parenting orders
One of the notable changes to the Family Law Act, which came into effect in May 2024, was the insertion of a new section, s 65DAAA, which deals with the reconsideration of final parenting orders.
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Determining best interests of the child in family law parenting matters
When separated couples are in dispute about parenting arrangements, they may have to make an application to the Court to make a decision for them. When making its decision, the Court must only make orders that are in “the best interests of the child”.
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Understanding supervised time in family law parenting matters
Supervised time is a parenting arrangement in which a parent can spend time with their child, but only in the continual presence of another adult. This adult may be a professional supervisor, or an agreed family member or friend who is responsible for ensuring that the child is safe and that the time spent together is positive.
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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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