Separation is tough, but amicable couples have avenues for a smoother transition. Consent Orders, in particular, play a crucial role in protecting the interests of both parties involved in a…
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Summary: Thorne v Kennedy is a significant case heard by the High Court of Australia involving prenup and other financial agreements between Ms Thorne and Mr Kennedy. The court determined…
Did you know that for separated couples, there are time limits to when you can apply to Court? And, that if you miss this time limit you may lose your…
The simple answer is yes, they may be entitled to a share of the business as the value will be included in the party’s asset pool. Any interest in a…
At the beginning of all family law matters, it is necessary for the total property (including assets, liabilities and superannuation and either held individually or jointly) to be identified and…
Family law matters can be extremely time-consuming and expensive if a separated couple has to litigate at Court and go to a Final Hearing because they have not been able…
The purpose of this post is to answer the key questions that often arise in spousal maintenance matters. What is spousal maintenance? Spousal maintenance is financial support paid by a…
We are often approached and asked if we can represent both people in a family law matter. Why? Because many of the clients we help are amicable (to varying extents)….
Have you heard the term mediation before, and wondered what it involves? Maybe you have received a proposal from your former partner or their lawyer to attend a mediation? If…
Have you received Consent Orders from your ex? Do you want to understand the legal jargon and make sure it doesn’t negatively impact you? Then keep on reading to find…
“Hi, I am calling about a Divorce”. This is the most common statement that we hear from new family law enquiries. But, did you know that applying for Divorce is…
Separation can be one of the most stressful and difficult times of a person’s life (even an amicable separation). No doubt those of you reading this post who have experienced…
Williams & Oamra [2020] FCWA 109 The Issue The main issue in this case was the competing positions of the husband and the wife. The wife was arguing…
On 1 September 2021, the Federal Circuit Court and Family Court of Australia merged together. As a result, the new Federal Circuit and Family Court of Australia (Family Law) Rules…
NEW FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA Did you know that the Family Court System is about to go through a major shake-up? As of 1 September 2021, the…
What are Final Orders? Final Parenting Orders can be made by either: – agreement between parties, which is known as Consent Orders; or – a Judge making Final Orders after…
When someone is separating, they will understandably have many questions running through their mind. Our post aims to address some of those potential key questions. The below questions and answers…
Radecki & Fairbairn [2020] FamCAFC 307 The Issue The main issue in this case was that the Court had to decide whether the de facto relationship had broken down….
The short answer – yes! Your former partner could access your super after separation. This is known as a ‘superannuation split’. The purpose of this post is to provide some…