December 12, 2016

Court Process

All of our lawyers have an in depth knowledge of family law as well as the court procedures, which ensures the best court representation for you. […]
December 5, 2016

How do parties to a divorce demonstrate that they have separated?

In demonstrating that a period of separation has begun, there are a couple of general actions that may be used as evidence, and can include: one […]
December 5, 2016

What do I need to know about creating enforceable agreements?

Section 90G of the Family Law Act 1975 (Cth) (the Act) outlines the circumstances when financial agreements are binding. The requirements are strict, and all parties must have been […]
December 5, 2016

How can a person apply for orders or declarations in relation to de facto relationships?

Section 90SB of the Family Law Act 1975 (Cth) (the Act) sets out when a court can make an order or declaration in relation to a […]
December 5, 2016

What are the laws relating to voluntary and mandatory reporting for child abuse?

The ACT, New South Wales, Queensland, Tasmania, and Victoria provide for voluntary reporting to an authoritative body if a child is being maltreated or requires care. […]
December 5, 2016

Are marriages involving a transgender person valid?

The question of the validity of a marriage involving a person who underwent a transition was considered by the Full Court of the Family Court in […]
December 5, 2016

What is domestic violence?

Broadly speaking, domestic violence refers to any person who is in either an intimate or familial relationship where violence, or any other types of behaviours used […]
December 5, 2016
Divorce Family Lawyer Sydney

What proof is required to demonstrate irretrievable breakdown?

The Family Law Act 1975 (Cth) (the Act) states that irretrievable breakdown of a marriage will have occurred if: ·         the parties have lived separately and apart for a […]
December 5, 2016

When may the court not grant a divorce?

If there are no suitable arrangements in place for the future care of any children under 18 years of age or children who lived as part […]
December 5, 2016

How does a person qualify for spousal maintenance?

In order for a person to succeed for maintenance, they must demonstrate that they are unable to support herself or himself adequately because: ·         they are caring […]
December 5, 2016

What are the primary and secondary considerations of the court in relation to the best interests of a child?

The most important consideration of the court when issuing an order, is the best interests of the child. The manner in which the court will determine […]
December 5, 2016

What are the laws relating to surrogacy?

The laws relating to surrogacy arrangements within Australia falls within the jurisdiction of state and territory governments, with the majority of jurisdictions having relevant legislation relating […]
December 5, 2016

Can a person lose property if their spouse becomes bankrupt?

With the introduction of the Bankruptcy and Family Law Legislation Amendment Act 2005(Cth)(the Amendment) afforded non-bankrupt spouses greater protections in property proceedings with the insertion of the […]
December 5, 2016

What effect does marriage have on a will?

Generally speaking, when a person gets married, any will made before the marriage will be revoked. However, wills made before a marriage that anticipates the marriage […]
December 5, 2016

Are homemaker and parental duties considered as non-financial contributions?

The Family Law Act 1975 (Cth) (the Act) requires the court to take into account contributions made in the capacity of parent and homemaker as outlined in s […]
December 5, 2016

What are the indicators that demonstrate there has been a change in the marital relationship

There is of course no uniform way in which marriages should be conducted, and the law does not attempt to define how a married couple should […]
December 5, 2016

When does a person have a reasonable excuse to contravene a parenting order?

There may be instances where the court may consider that there is a “reasonable excuse” for contravention of an order with the reasonable excuses outlined in […]
December 5, 2016

Can I serve an application for divorce if my spouse is in another country?

If the respondent is based in another country, it is important to find out whether Australia has an agreement with the other country in relation to […]
December 5, 2016

I left all the finances to my ex and I don’t really know anything about what we have. Can I still get a property settlement?

Property Settlement in Divorce & Separation Property Settlement in divorce & separation, each person in a relationship has their own skills and strengths, and so it […]
December 5, 2016

Can I take someone with me to court?

Can I take someone with me to Family Law Court? It is acceptable and quite normal to have one or two support people who come into […]
December 5, 2016
Divorce Family Lawyer Sydney

What do I wear to court?

What do I wear to Family Law Court?   A suit is not necessary, but you may wear one if you are comfortable doing so. Otherwise, […]
November 23, 2016

I think my Separation will be complicated

I think my separation will be complicated.  What should we do about our expenses? Can My Family Lawyer Help me? No two divorces are the same, […]
September 15, 2016

What conditions can be included in an Apprehended Violence Order?

Upon the issuing of an AVO (Apprehended Violence Order), the following conditions are included preventing the person subject to the order from: assaulting, molesting, harassing, or […]
September 15, 2016

What happens if a person does not consent to an Apprehended Violence Order?

Apprehended Violence Order – If a person does not consent to an AVO, the matter will be adjourned so the magistrate can decide whether there are […]
September 15, 2016

When can a court issue an Apprehended Violence Order?

Court issued – An AVO (Apprehended Violence Order) can be issued by the court under the following circumstances: the defendant consents to the order being made; […]
September 15, 2016

How to apply for an Apprehended Violence Order?

Apprehended Violence Order and how to apply for one – A person can contact the police, who can then make an application for an AVO on […]
September 15, 2016

What is family violence?

What is family violence – Section 4AB(1) of the Family Law Act 1975 (Cth) (the Act) defines family violence as “violent, threatening or other behaviour by […]