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Separated couples are often able to reach an agreement about how they wish to divide their assets.

A dozen things to do if you have just separated

Contact your bank or financial institution by facsimile or email to stop joint funds from being removed or liabilities increased. Check your Will to see if it is still appropriate.

The Family Courts and Covid-19 (Coronavirus)

The Family Law Courts (encompassing both the Family Court of Australia and the Federal Circuit Court of Australia) have adopted a number of practices to ensure that the Courts can

Coronavirus and Family Law (COVID – 19)

The Coronavirus has already had a massive impact upon day-to-day life in Australia. It has also led to much uncertainty for people navigating separation and post-separation parenting arrangements and financial

A message from our Managing Partner James Turnbull

As COVID-19 continues to develop, we extend our thoughts to those affected by the virus, and our gratitude for the healthcare professionals and others who are helping our community through

Do you really need a Financial Agreement after separation?

Separated couples are often able to reach an agreement about how they wish to divide their assets. In most circumstances, it is in the interest of each party to formalise

Some hints on how to keep your legal fees down

We want to get the best result for you – net of legal costs.  Taking a pragmatic approach can minimise your costs.  Here are a few hints aimed at getting

The legal impact of same-sex marriage under Australian law

In December 2017, Australia became the 26th country to legalise same-sex marriage. The legalisation of same-sex marriage in Australia followed a highly-publicised and ultimately successful postal survey of the Australian

Financial Agreements – recent High Court case provides important guidance

In Australia, married and de facto couples are able to enter into Financial Agreements about the division of their finances:- 1. Before they marry or start living together as a

Family Violence & Cyber Stalking – What you need to know

There are three different Acts that need to be considered in relation to family violence and cyber stalking. The Family Law Act defines family violence as “violent, threatening or other

Custody Arrangements for Children

Clients often ask for legal advice about “custody” arrangements for children. However, under the Family Law Act 1975 (Cth), the concept of “custody” no longer exists. Instead, when hearing an Application for

Support for Separated Families

Separation is a time of many changes and it is important to seek support if you need it. However, navigating the maze of services available to separated families can be

Which Court is right for your family law case?

The Family Court of Australia (FCoA) and the Federal Circuit Court of Australia (FCC) both hear family law cases. Both Courts apply the Family Law Act. Both Courts have Judges with

Say NO to Family Violence

2016 is going to be a year of transformation and development for victims of family violence. Family Violence is the most prevalent form of violence in Victoria. While both men

Changes to child protection law

On Tuesday 2 September, 2014 the Victorian Parliament passed legislation in relation to children and young people in out-of-home care. These changes will come into effect on 1 March, 2016.

Financial Agreements

What is a Financial Agreement? A Financial Agreement is a private contract between two people, whether they be married or de facto partners, including same sex partners. If a Financial

Discovery and Disclosure

There is an obligation upon family law property litigants to disclose to their opponent all documents which are relevant to an issue between them. This obligation arises both in the

Children and Overseas Travel

Apart from exceptional circumstances any parent wishing to take their child overseas should obtain the other parent’s consent. If there is a Parenting Order in place or there are pending

Am I in a de facto relationship?

In Australia, de facto couples have essentially the same legal rights in relation to parenting and property matters as married couples do. Many clients believe they must be living with

Social media and family law proceedings

Today most households have access to the internet and also use social media such as Facebook, Twitter, YouTube and Instagram. Some people will use the internet to discuss how they

What will happen to my Superannuation if I separate?

Superannuation may represent a significant portion of your assets. It is there to fund a more comfortable retirement for you. Its treatment on any breakdown of your relationship should be

The Lawyer’s 6th sense – When to fight, when to settle

In a speech recently delivered to members of the legal profession, retired Family Court Justice Linda Dessau spoke openly about her experience as a Judge and why she believed costly

Family Dispute Resolution (FDR)

The law requires parties who have a dispute about children to make a genuine effort to resolve the issue through the Family Dispute Resolution process before commencing court proceedings. If

“I signed an Agreement years ago when I moved in with my de facto partner. Is it still binding?”

Section 87 of the Commonwealth Law relates to agreements made by parties prior to the commencement of the amendments to the Family Law Act in 2009. Section 87 (1) reads

De facto relationships and Family Law

On 1 March 2009 a new section was added to the Family Law Act 1975 which applies to de factos separating after that date. People living in such relationships have exactly the

Bankruptcy and Family Law

Bankruptcy lawyers and family lawyers deal primarily with two different and distinct pieces of legislation. Bankruptcy lawyers deal with the Bankruptcy Act 1966 (“BA”), while family lawyers refer to the Family Law Act 1975