In recent years, mental health concerns amongst Australians and the rest of the world have increased substantially. Recent research in Australia, conducted by the Australian Bureau of Statistics found that 15% of Australians between the ages of 16 and 85 … Read More
The merger of the Federal Circuit Court and the Family Court is fast approaching, so now is the ideal time to share what this will mean for those in the family law system. What is the Family Court merger? Four … Read More
Divorce is one of the most stressful life events that any adult will experience. When children are involved the emotional responses of the adults will almost certainly impact on a couple’s ability to effectively co-parent the children. Where there is … Read More
It is possible to obtain a divorce without a property settlement. Many people believe the term divorce includes all aspects of a family law matter, but this is not correct. A divorce is an order made by the Court that … Read More
One of the most important considerations for separating parents is ensuring that the care arrangements optimises the welfare and stability of their children and their relationship with both parents continues. For all of the family the separation is a stressful … Read More
How to find a divorce lawyer – 5 tips to find the right representation for you Going through a separation can be an emotional and worrying time. While the process has its challenges, finding the right divorce lawyer for your … Read More
The Family Court of Australia has experienced a 39% increase in urgent applications since COVID-19. It is well documented that the Court is already stretched in terms of its resources however yesterday the Chief Justice, in his new practice direction, … Read More
The global COVID-19 pandemic is creating significant stress for many families who are juggling new work from home arrangements, altered child care and schooling arrangements and uncertain financial times. Children are facing disruption in their daily lives as their parents … Read More
In most family law and estate litigation disputes, the parties are required to attend mediation to attempt to resolve their dispute. This article describes what is involved and addresses the most commonly asked questions about mediation. What is mediation? Mediation … Read More
When you are the high-income earner in a relationship that is breaking down, a common question is ‘What expenses do I have to continue paying?’ and ‘Will I have enough money to continue to pay for everything?’ On the other … Read More
Imagine discovering that you do not have control about who your superannuation will go to upon your passing, even though you have documented your wishes in a will. A nasty surprise and it is occurring more than you might think. … Read More
For most separating parents their primary concerns include their children’s wellbeing and fear about the legal process. Consequently, the first few questions I am usually asked are these: “How do I tell the kids we’re separating?” “I don’t want to … Read More
Christmas time can bring great joy but for separated families, it can also bring significant challenges. For those of you who are experiencing your first Christmas as a separated family, this holiday season may look very different from last year. … Read More
Should I be concerned about having to go to Court to finalise parenting arrangements? There is significant misinformation in mainstream media about “the family law system” and what happens if people end up in court – especially with the backdrop … Read More
Many grandparents play an integral role in the lives of their grandchildren, spending time with them and developing a unique relationship. But in the case of separation or family breakdown, this relationship can be affected. This might happen where the … Read More
By Sage Leslie One of the ways that separated parents may seek to determine the care of their children is through Parenting Orders. Parenting Orders are made by the Court, either by consent or after a contested hearing, and are … Read More
The decision to separate is never an easy one. Whether separation has been discussed previously or the announcement has come out of the blue, there are a lot of emotions involved. Along with dealing with the emotional turmoil, the actual … Read More
The High Court has found that a man who donated his sperm to a lesbian friend is the father of the child. The matter highlights the myriad factors – other than biology – that determine if someone is a parent. … Read More
By Di Simpson Historically, the idea of ‘who is a parent’ for the purposes of family law has been rather straightforward. But artificial insemination, surrogacy, donor conception, DNA testing and evolving concepts of ‘family’ have made the question of parentage increasingly … Read More
Successful co-parenting is all about good communication. And while we hope that we’d always be able to speak to our former partner amicably, the reality is that emotions, stress and the demands of daily life mean we don’t always communicate … Read More
As the deadline for opting out of My Health Record approaches, separated parents are being urged to consider how they will manage their children’s health information online. My Health Record is the Commonwealth government’s digital health record system which is … Read More
As well as the excitement (and relief) of kids heading back to school, the new year can be a stressor for separated parents when it comes to back-to-school expenses. The issue of who pays for school fees, uniforms, laptops, books, … Read More
With the summer holidays looming, parents are planning how they’ll keep the kids occupied and happy for the long weeks ahead. With many still having to work for much of the school holidays, it can be a challenge to coordinate … Read More
By Chloe Curran As seen in the December 2016 edition of B2B Magazine Have you recently separated from your partner? Have you formalised your property settlement by way of a Consent Order or Financial Agreement? This article explains why you should … Read More
By Carrie Gan If you follow celebrity news, you’ll have heard about Amber Heard’s separation from Johnny Depp. If not, here’s a summary: Heard “filed for divorce” alleging Depp was physically violent towards her. She alleges Depp threw a magnum-sized … Read More
By Sage Leslie As seen in the May edition of B2B Magazine Many factors go into working out how best to divide assets following the breakdown of a relationship. One factor that can be overlooked in negotiations is the taxation … Read More
Having to represent yourself in family law litigation is a very difficult thing to do. Many couples are simply not in a position to resolve their disputes via the mediation process or by agreement, and find themselves involved in litigation … Read More
By Di Simpson Along with 7 wonderful women from our firm (and two charming gentlemen guests) I had the pleasure of attending the annual DVCS ball on the 19th of March. These sorts of events are always great – we … Read More
Family Court ruling clarifies status of potentially polygamous marriages. By Sage Leslie In many countries around the world, polygamous marriage, where a person is married to more than one person, is still practiced legally. While they cannot be legally performed … Read More
By Sage Leslie Supporting an adult child going through a separation can be an incredibly stressful and sad time for any parent. However, things can become even more complicated if you are also entangled financially. It is increasingly common for … Read More
By Jacquelyn Curtis You don’t need to look further than last year’s Ashley Madison hack to see how easily technology can catch up to you. When hackers stole company data from the online dating company (best summed up by its … Read More
When does an obligation for child support arise? A legal obligation to pay child support arises when: 1. The Child Support Agency issues an administrative assessment for one parent (or party) to pay child support to the other. An administrative … Read More
The highlight of the year so far for me has been the Law Week Dinner on 13 May 2015 (which was completely booked out), and in particular Rosie Batty’s inspiring speech, and the audience’s reaction to it. Australian of the … Read More
The Federal Circuit Court of Australia has recently announced a number of changes to their Rules. Of particular interest to family lawyers are the following: 1. Amendment to the Rules to make it explicit that the Court can make Orders … Read More
I had the good fortune to attend the 16th National Family Law Conference in Sydney in early October. The Conference is held every two years and provides an opportunity for assessment of the challenges facing practitioners working in family law … Read More
A relationship breakdown may be unplanned or unexpected. Often, it throws into chaos those plans you had to build a property portfolio or wealth with the support of your partner. You may not have made much headway into your mortgage. … Read More
While in Sydney attending the 16th National Family Law Conference I was buoyed by the continuing enthusiasm and commitment of family law practitioners, Judges and social scientists working in this demanding field. More than 940 people are attending the Conference … Read More
On 30 July 2014, the ATO released Taxation Ruling TR 2014/5 – Income tax: matrimonial property proceedings and payments of money or transfers of property by a private company to a shareholder (or their associate). The ruling was previously issued … Read More
On 25 March 2014, the Board of Taxation released its second discussion paper on Division 7A of Part III of the Income Tax Assessment Act 1936 (“Division 7A”). Division 7A is an anti avoidance provision aimed at stopping tax-free distributions … Read More
This helpful tutorial deals with the important topic of the service (delivery) of divorce applications. It sets out the steps you need to take when serving divorce documents on your spouse, both inside and outside of Australia. Getting a divorce … Read More
Binding Financial Agreements (BFAs – sometimes colloquially known as “pre-nups”), are usually designed to protect assets owned by one member of a couple from a claim by the other member of the couple in the event of separation. Typically, BFAs … Read More
In a recent speech to the Women’s Super Summit, the ATO Assistant Commissioner, Megan Young spoke of the importance of Australian women thinking about and being interested in their superannuation. The fact that women’s super account balances are, generally, significantly … Read More
In the Sun Herald on Sunday, 9 February 2014, there was yet another article which warned of the risks for people contemplating entering a Financial Agreement before marriage (or a “pre-nup” as they are commonly known). Cosima Marriner spoke to … Read More
This might seem like a silly question since those of us who have experienced a relationship breakdown can identify a point in time when the relationship ended. It might have been when you fell out of love, after a big … Read More
A recent decision of the Full Court of the Family Court has cast a shadow over the idea that the special skill or contributions of a spouse entitles them to a greater share of relationship wealth. This idea is known … Read More
Uncertainty relating to how inherited assets will be treated in property settlement proceedings under the Family Law Act is a cause for much anxiety. Emotional attachment to a family farm or a home that has been “in the family” for … Read More
The Australian Taxation Office (“ATO”) recently published Draft Taxation Ruling TR2013/D6. The ruling is, basically, a rewrite of the ATO’s opinion on the applicability of Division 7A of Part III (“Division 7A”) of the Income Tax Assessment Act 1936 (“ITAA36”) … Read More
I am currently at the stage of life where I seem to spend every second weekend attending a baby shower. Planning for the arrival of a baby is a busy time and most first time mothers have long lists of … Read More
Members of the Federal Parliament and their staff from all political parties will tell you that they receive numerous queries and complaints about family law matters, and in particular about the operation of the child support system, from those in … Read More
It is notable that the Family Law Act makes no reference at all to “young people” (as is customary in legislation dealing with those who are between the ages of 12 and 18 years). It refers only to “children.” In … Read More
It is becoming increasingly common for single women to turn to IVF to achieve their desire to have a child of their own now assisted reproduction is readily available. Some of these women wish to be able to raise their … Read More
A recent case decided by the Family Court in Sydney is a timely reminder for separating couples to formalise financial and property matters after separation. In this case, the wife won $6 million on lotto six months after separation from … Read More
Sometimes I meet a person who happily tells me that they have “sorted” their property settlement with their ex, informally, “just between us”. No paperwork, no orders, no lawyers. “We just did what we agreed”. That might sound pretty good … Read More
On 25 July 2013, Prue Cameron of The Australia Institute published a report titled “What’s Choice Got To Do With It?” tackling the reasons why Australian women retire with significantly less superannuation resources than their male counterparts. According to the research, … Read More
This week the Daily Telegraph, commenting on a survey undertaken by Suncorp, reported that of Australia’s 84,000 divorces, 86% failed to include the parties’ superannuation interests in the division of assets. Given the statistics regarding women already suffering from a … Read More
On 21 July 2012, 21 year old Ben Catanzariti was killed in a workplace accident on a construction site in Kingston. One year on, Ben’s parents have remembered his death with a memorial and by launching a campaign to raise … Read More
Too often we see the headlines Estate Planning DIY Disaster. Its most recent appearance graced the pages of the Self-Managed Super Fund Advisor on July 9. It read “DIY Estate Planning disasters increasing”. Unfortunately, it is true. Many people do … Read More
Prime Minister Kevin Rudd recently announced his support for same-sex marriage in Australia. But what difference will change to Australian law, allowing same-sex marriage, make? Legally, it will make very little difference. Symbolically, on the other hand, it will make … Read More
Have you been served with an interim Domestic Violence Order? You may be feeling confused or upset. Perhaps overwhelmed by or frustrated at being prevented from doing certain things. It’s ok because you have options but there is a process … Read More
It can be an overwhelming experience when you decide to confront the domestic violence in your life, and it is with this in mind that this article is written; to provide you with an outline of the process involved. If … Read More
With confronting photographs splashed across the media, continuing news headlines and persistent tabloid covers, celebrity chef Nigella Lawson has unwittingly become the public face of domestic violence. Images depicting Lawson’s husband, advertising bigwig Charles Saatchi, with his hands around Lawson’s … Read More
Chair of the Family Law Council of Australia, Mr Rick O’Brien recently announced a national audit of family violence training to identify best practice. The Law Council’s Family Law Section has undertaken a range of training and practice development initiatives over … Read More
Rupert Murdoch’s power and influence will forever mean that his life and the happenings within his family are always in the media spotlight. Unfortunately for Murdoch, the last several weeks has seen both newspapers and blogs run with the story … Read More
In a continuing focus on matters relating to access to justice and the legal system, Attorney-General Mark Dreyfus QC and Assistant Treasurer, David Bradbury, announced on 20 June 2013 that the Productivity Commission would undertake a review of how to … Read More
Moving in with a family member can have many benefits for an elderly person seeking companionship or extra help with daily activities; however, without the proper planning, these arrangements can cause significant heartache for all involved.
Over the last several weeks, a New South Wales’ daily newspaper has pursued a campaign to influence policy change relating to the compulsory immunisation of children attending day care and school facilities. It is known as the No Jab. No … Read More
For people in same sex relationships, pondering the possibilities of parenthood, there are a number of options available to them in their quest to have a child. None of them is necessarily straightforward or without some legal risk and or … Read More
When people go through a separation/divorce, they are often preoccupied with dealing with the division of their current assets and do not focus on future asset protection/estate planning. This can cause future distress, not only for the individual person but … Read More
New laws relating to children’s passports may affect separated parents who want to travel overseas with their child. Dobinson Davey Clifford Simpson here highlights some of the issues.
The Attorney-General recently released three Reports on family law. The “Family Courts Violence Review” makes recommendations for changes to the Family Law Act, while the other Reports agree that the family law system needs to respond more effectively to allegations … Read More
For many people, updating their Facebook page, sending a tweet or keeping their blogs fresh are easy ways to stay in touch and keep others informed. In the context of a Family Law matter however, extra care should be exercised.
We often perceive family lawyers as lawyers out to “fight to the death” for their clients, draining their client’s precious funds along the way and leading to ugly battles in Court. But as the Federal Government has focussed its attention … Read More
Support of adult “children” There are some circumstances where the Family Law Courts have the power to make Orders for maintenance for “children” over the age of eighteen. This is sometimes referred to as “adult child maintenance”.
Some separating couples discover that whilst they do not want to live together, it is not financially viable for them to live apart. In this column we address some common questions about separation in these circumstances.
Scenario: You and your former partner have separated. You have agreed how you will split your assets. You don’t think it is worth getting lawyers involved to “legalise” your agreement. Here are three very good reasons why you should.
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we answer some common questions about the process of dividing assets.
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we talk about how the Family Law Act deals with dividing assets of separated couples (also called a “property settlement”).
Today’s advancements in assisted reproductive technology (including IVF treatment) have led to varied family structures, including children being born to same sex couples. As a result, diverse families are increasingly coming before the Family Court. Here, we look at how … Read More
Separated parents will usually share in making long-term decisions for the benefit of their children, such as where they will go to school. Where parents cannot agree or one parent wants to change a child’s school without the other’s consent, … Read More
Generally, parents who cannot reach agreement about financial support for their children apply to the Child Support Agency for an administrative assessment. The Agency calculates the assessment using a specific formula. If you receive or pay child support and you … Read More
The Child Support Agency administers the Child Support Scheme to enable separated parents to financially support their children. The amount of child support payable is calculated by using a specific formula. However, in some circumstances, the Family Court can make … Read More
The Commonwealth Attorney-General’s Department convened the second Family Law System Conference in Canberra on 20-21 July. Here, we discuss some key research raised at the conference and how to access it.
Couples in a de facto relationship can access the Family Law Courts for assistance in resolving their financial matters following separation in the same way that married couples can. But what is a de facto relationship?
Under the Family Law Act, superannuation entitlements of separated spouses can be divided as part of a property settlement—this is called ‘superannuation splitting’. The Court can also divide the entitlements of eligible de facto couples.
As we approach the winter school holidays, some separated parents find themselves in conflict about what arrangements should be in place for their children over the holidays. Here, Dobinson Davey Clifford Simpson addresses some common questions.
If parents reach agreement about parenting matters for their children, it is important for any such agreement to be properly documented. Here, we discuss one way of documenting your parenting agreement: by entering into a Parenting Plan.
Relationship breakdown is often acrimonious, with property settlement a contentious issue. The Family Law Act sets out a process for the division of assets for spouses and, since March 2009, for couples in a de facto relationship.
Confused about property settlement following the breakdown of your marriage/de facto relationship? Dobinson Davey Clifford Simpson answers some frequently asked questions.
Legislation has been recently passed to address discrimination against same sex couples. Here, we discuss amendments to the Family Law Act reforming parentage laws for lesbian couples, where a child was conceived through an assisted conception procedure.
When spouses separate, it is not always financially viable for them to live apart. Some continue ‘living together’. Here we talk about being ‘separated under the one roof’.
Following a separation, one parent may wish to move to another state, town or country with their child to be closer to family or for employment or other reasons. In family law this is known as ‘relocation’.
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we answer some common questions about the process of dividing assets.
Amendments have recently been made to the Family Law Act. The new reforms allow de facto couples to access federal family law Courts in relation to property and maintenance matters upon the breakdown of a de facto relationship. Dobinson Davey … Read More
Child support is often a bone of contention between parents. It can be a complex matter that can cause anxiety and impact negatively on parents and children. Major changes to the Child Support Scheme, designed for more fair and equitable … Read More