You may be in a situation where you have separated from your spouse or de-facto partner, and you received an inheritance either just before the date of separation or shortly after separation. The question many people ask is whether their inheritance is a protected asset when dealing with their property settlement and whether their ex-spouse/partner...
It’s crucial to distinguish between parental alienation and alignment. Alignment occurs when a child develops a preference for one parent post-separation, often due to their own feelings or experiences, rather than the actions of the other parent. Whereas, parental alienation, involves one parent’s deliberate efforts to manipulate the child’s perceptions, which can lead to a...
Single parent by choice? Considering having a child with the assistance of a friend? You might want to consider a Donor Agreement. A Donor Agreement is an agreement between a donor and recipient parent/s that sets out the relationship and expectations between the parties. Although Donor Agreements are not legally binding, an agreement sets out...
On 29 March 2023, the Commonwealth Government tabled the Family Law Amendment Bill 2023 (FLAB) in Parliament. This is the first significant reform of family law in Australia since the creation of the Federal Circuit and Family Court of Australia (FCFCoA) and the most far-reaching since the amendments in 2011 which brought greater recognition of...
An Intervention Order (or IVO) is an Order made by the Court that protects an individual from abuse. Intervention Orders have different names depending on the State. For example, in New South Wales these Orders are called “apprehended violence orders” and in Queensland they are called “domestic violence orders”. There are two types of Intervention...
With COVID-19 lockdowns and overseas travel restrictions lifted, many of separated parents wish to travel overseas with their children after being prevented from doing so for a number of years. If there are Parenting Orders that provide for the children to travel overseas, the parent wishing to travel with the children must comply with those...
Family pets hold a special place in our hearts and are often victims in family law disputes. When undergoing a separation from a partner, we are often asked ‘who gets to keep the family pets?’. The Family Law Act 1975 of the Federal Circuit and Family Court of Australia Rules 2021 does not contain any specific provisions for...
On 9 December 2017, the right to marry in Australia was no longer determined by sex or gender and same sex marriage became legalised. This was through the Marriage Act 1961 which was updated to allow for marriage equality. The Act defines marriage as ‘the union of 2 people to the exclusion of all others, voluntarily entered into for...
Separating with your partner can be difficult to navigate-particularly when children are involved. Once you or your partner have made the tough decision to separate, you are then required to negotiate child custody or care arrangements for your children. See below three tips to navigating negotiations after separation. Be child focused It is extremely important...
Parental Responsibility is a common term used in family law proceedings, and refers to the ability to make important decisions for a child.[1] There is a presumption in parenting matters of equal shared parental responsibility, and a Court will only assess this presumption as having been rebutted (or disproven/not applicable) in certain cases where a...
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