Family Law Blog

In our latest Family Law blog, Senior Associate Teresa Dodaro outlines the considerations and consequences in a recent case where the wife challenged the financial agreement that had been in place for many years.

In our latest Family Law Blog, Senior Associate Teresa Dodaro outlines a recent case where a mother was found to have acted reasonably in withholding her child from the father due to a medical certificate which was obtained.

In our latest Family Law Blog, Senior Associate Teresa Dodaro outlines what to consider when applying to the Court for an exclusive occupation order.

In our latest Family Law Blog, Lawyer Carli Heald explains what you need to know about Non-Agency Child Support.

In our latest Family Law Blog, Principal/Director Malcolm Gittoes-Caesar outlines the additional considerations the Court will need to take into account due to Covid-19 and the best interests of a child.

In our latest Family Law Blog, Principal/Director, Malcolm Gittoes-Caesar covers the topic of parenting orders during COVID-19 and what a "reasonable excuse" might look like when dealing with a global pandemic.

In our latest Family Blog, Lawyer Suzanne Lang outlines the steps someone can take if they are experiencing family violence and are in isolation due to the COVID-19 situation.

In our latest Family Law Blog, Lawyer Madison Kelly explains the implications that Apprehended Domestic Violence Orders can have on your family law matter, whether you are the protected person or the defendant.

If you are thinking about applying for a divorce it is important to note that you must apply to the court for property orders within 12 months of your divorce becoming final. If you were in a de facto relationship, you are able to apply within two years from the date of separation. If you do not file within these time periods, leave of the Court will be required.

The Courts have determined that family violence can have a significant impact on a party’s contributions to a relationship and what parties will ultimately receive at the conclusion of any property proceedings.

It is important for parties to a family law matter to keep in mind that rogue social media posts can often be a relatively quick and effective way of providing evidence in support of a disputed fact.  This is particularly relevant within the context of parenting cases, where the best interests of the child are of paramount concern.  

Malcolm Gittoes-Caesar takes a look at the recent case of Whooten & Frost (Deceased) [2018] FamCA 79, which shows how strict adherence to the rules of the court may bring about injustice.  To Malcolm, this particular case also demonstrates the somewhat callous form that family law matters can sometimes take.

When two parties decide to separate, it is important to keep in mind that time is of the essence.  Both the Family Law Act and the associated court rules require strict adherence to certain time limitations, all of which are important for parties to a relationship breakdown to be aware of.

One incredibly important question to ask within the context of Family Law matters is whether there is anything wrong with providing people with information specifically relating to your Family Law matter. Section 121 of the Family Law Act answers this question in some detail.

Domestic violence (or family violence) is an issue deeply ingrained within many family law matters, and causes certain logistical difficulties over and above the physical and emotional turmoil faced by victims as a consequence of that violence.

In the third and final part of our same-sex marriage blog posts, we take a look at what the introduction of same-sex marriage means for parenting matters in Australia.

In part two of our same-sex marriage blog posts, we discuss what same-sex marriage means for property proceedings. Overall, the introduction of same-sex marriage will see same-sex couples have greater access to legal protections surrounding both financial and parenting matters.

You may be thinking that it will be a while before same-sex couples start filing for divorce, although there are many couples in Australia who have been married for a significant period of time.

Since being handed down on 27 February 2017, in the Full Court of the Family Court, the decision of Britt & Britt has had the potential to significantly impact the way that evidence in property matters, relating to family violence, is treated and therefore, how it’s admitted in evidence.

Rumours have circulated concerning whether the prenuptial agreement surrounding the separation of Tom Cruise and Katie Holmes contained a clause that prohibited Katie from ‘dating publicly’ for five years. Whilst including clauses that are novel and unusual may seem appealing in Hollywood, it’s simply not appropriate in most jurisdictions.

In recent years there has been increasing awareness about domestic and family violence, and its prevalence within our society. It’s now recognised that domestic and family violence goes beyond physical violence to encompass various types of behaviours and as such, significant changes were made to the Family Law Act in July 2012.

In a joint statement, released Tuesday 4 August 2015, Kermit said “After careful thought, thoughtful consideration and considerable squabbling, Miss Piggy made the difficult decision to terminate our romantic relationship.” What happens when couples separate, and have a joint business or enterprise from which they both derive income?

Given the prevalence of blended families and other less traditional (for want of a better term) family arrangements, the concept of a nuclear family in 2015 is at best blurred and, more likely, irrelevant. There is often confusion about how the Courts can assist in allowing a person to have a child live with them, spend time with them or otherwise seek a Parenting Order.

It is a reality during the course of any given relationship that you may receive an inheritance. If you do, it is important to note how an inheritance may be treated in the event of a relationship breakdown.

In today’s society, it’s common for many couples to live together without tying the knot so how do you define these relationships in a legal sense? You are considered to be in a de facto relationship with someone if you satisfy three criteria set out by the Family Law Act 1975 (Cth).

It is common place, particularly in acrimonious property proceedings, that one party will seek to dispose of assets or otherwise arrange their financial affairs with a view to preventing the other person from receiving a share of an asset, or all of the assets, of a relationship. Should this be the case, a person has the ability to apply to the Court for certain behaviour to be restrained, or, if a transaction has already taken place, to reverse that transaction in certain circumstances.

Upon the breakdown of a relationship, it is usual for parties to need to come to considered agreement about how it is that the children in the relationship will be looked after. Often those arrangements are recorded in a set of Court Orders, which are binding upon the parties and can be enforced should they not be complied with. Court Orders however, are not for everyone.

Controversy surrounding Binding Financial Agreements – or pre-nups, as they are more commonly known – has again been enlivened by publicity surrounding the recent 'pole dancer case.' This case, as reported by The Sydney Morning Herald on 24 February 2013, is about a Mr Wallace seeking to set aside a pre-nup between himself and his former wife, whom he met at a pole-dancing club in Sydney. The agreement, signed by the couple prior to their marriage, required amongst other terms that Mr Wallace pay his wife $3,250,000 should their marriage break down within four years. The couple separated two years following their marriage and Mrs Wallace sought to enforce the agreement. However, Mr Wallace claimed it was invalid because he says Mrs Wallace lied when she told him prior to their marriage that she loved him and wanted to spend the rest of her life with him.