Family Law

Divorce – Property Division

  • October 17, 2018

IS IT NECESSARY TO DOCUMENT THE PROPERTY DIVISION DEAL? When a couple decides to separate, decisions of course must be made about the division or disposal of assets and liabilities. For some, the stakes and/or the emotions run so hot and high that nothing can be resolved without the assistance of Lawyers and Courts. For…

Does the Family Court believe in the Easter Bunny?

  • March 20, 2018

Does the Family Court believe in the Easter Bunny? For many Christians, Easter is considered the most important event in the church’s calendar. Around the same time, other religions of course also have important events as well. There is “Passover” for the Jews, “Holi” for Hindus, Buddha’s Birthday for Buddhists and Tomb-sweeping day for the…

A Better Way To Resolve Child Custody Battles On The Horizon?

  • January 16, 2018

A Better Way To Resolve Child Custody Battles On The Horizon? Although not well known, any member of the public has the right to go and observe any Court proceedings on any day. This right is based on the principle that justice must not only be done but “seen to be done”. In the Supreme…

Same-Sex Marriage

  • October 12, 2017

5 Things To Think About with Same-Sex Marriage The Australia wide plebiscite vote on same-sex marriage is set to close on 27 October. None of us are obligated to vote and the government is free to ignore the result. Many however consider the issue to be very important and if that is you, here are…

You Want to Separate Under One Roof

  • September 11, 2017

You Want To Separate Under One Roof For many, a relationship breakdown brings logistical and/or financial difficulties that make it impossible for separate accommodation until an agreement on a full property division can be reached. As a consequence, many of these couples find themselves having to serve out a time of being separated whilst still…

Family Loans – 3 Things You Should Know

  • August 29, 2017

Since very early days, family members have often asked for, or offered inter-family private loans to assist with personal financial dilemmas. In present times with the ever rising cost of living/housing and other nasty events such as unexpected loss of employment or divorce/relationship breakdown, inter-family loans are consequently becoming far more common.  Because the loans…

Testamentary Trusts- Are they a good idea?

  • July 13, 2017

Testamentary Trusts – Are they a good idea?  A Testator’s Testamentary Trust is a special type of Will. Financial planners often recommend them but what are they and are they a good idea? Normally, the Will appoints an executor and gives to that executor the power to gather in the deceased’s entire estate and distribute…

Pre-Nuptial Agreements

  • June 5, 2017

Pre-Nuptial Agreements or “Pre-Nups” is a term that has grown out of the American Family Law system. These Agreements are made between intact (married/defacto) couples but which state how their assets are to be divided in the event of a future separation.  In Australia they are known as Binding Financial Agreements or BFA’s for short….

When Is It Ok To Stop A Child From Seeing The Other Parent?

  • August 27, 2015

When parents separate, the overall message from all of the literature and good counsel is  that each should do everything in their power to keep their children out of the fight. In many cases however, low levels of trust driven by high levels of perceived parental incompetence can provoke a parent into the belief that it…

Selling a Property on Behalf of a Separating Couple

  • April 30, 2015

DIVORCE – FAMILY LAW 101 THINGS YOU SHOULD KNOW Every Real Estate Agent that has ever walked the earth will no doubt at one stage or another be approached by either an individual or a couple with a request to sell a property as a consequence of a break down in a marriage or a…