Background Our client, Mrs X, a single mother of five children, attended our office following the breakdown of her marriage. At the commencement of the relationship, our client sold her home and moved in with her new partner. Our client contributed the entirety of the proceeds of sale from her former home towards the husband’s […]
A Family Provision Act claim (FPA claim) is one of the main ways to challenge a Will. To make this sort of claim, a person must be an ‘eligible persons’, for example be the spouse or child of the will-maker (the Testator). It is a claim that founds itself on the idea that “adequate provision” […]
Family Law Time Limits are important dates provided for in the Family Law Act. We are often asked ‘what are the time limits in Family Law?’. When you are in the process of separation from a de facto partner or a marriage is breaking down, often there are many different issues competing for your attention. […]
Who gets the family home after separation depends on who can refinance the property taking into account there is likely to be a payment made to the other party. If you are on an income of $50,000 and the current Mortgage is say $400,000 then you are highly unlikely to get a loan. A lot […]
Consent Orders are Orders that you agree on and are then made by the Court in your absence. Consent Orders can be in relation to parenting or financial matters. In order for Consent Orders to be filed, a document known as a Financial Statement must be prepared and filed with your Application for Consent Orders. […]
If you are unlucky enough to be in the Family Law system, the Court process can be quite daunting. The first court date usually occurs 6-8 weeks after the documents are filed with the court, unless the Court considers the matter urgent. The judge does not usually make any orders on that day but can […]
Do I have to go to Court? A Divorce Application must be filed in the Federal Circuit Court (a court that deals in family law). You do not need to attend if: 1. There are no children under 18; 2. Your spouse does not object; and 3. You have evidence that you have sent the Application […]
What is a Pre-nuptial Agreement? These Agreements are for people intending to enter into either a marriage or a defacto relationship but the Agreement must be completed and signed before the marriage or cohabitation commences. A Prenuptial Agreement is one form of Binding Financial Agreement that binds both parties to certain obligations in the future […]
People sometimes complain, occasionally with good reason, about questionable behaviour by their partner during the relationship. Things like abuse of alcohol, drugs, gambling, squandering of money, or being abusive to them or their children. Can a spouse be “punished” for their behaviour and receive a smaller share of the property at settlement? With the exception […]
The history of marriage can reveal some very interesting facts. In 16th Century France for example, men who were not able to please their wives in bed were summoned before the Court. This is because one of the few reasons the Church would allow a woman a Divorce was if their Husband could not perform […]
