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The ‘how-to’ of De Facto property settlements

24 January 2024

How will our Property be Divided? The Family Law Act sets out how property is divided, for married couples and for de facto couples (who separated after 1 March 2009). What is a De Facto Relationship A de facto relationship is defined in the Act as “the relationship of a couple living together on a [...]

Inheritance in property settlements

12 July 2023

Different Ages, Different Wishes

12 July 2023

The age at which a child’s wishes hold weight with a court is a topic constantly debated, and continues to be a difficult subject for the court. It is worth re-stating that Court Orders made under the Family Law Act in relation to children remain in place until a child is 18 years of [...]

Divorce – If Married Less Than 2 Years

3 April 2023

If you have been married for less than two years and you are considering separating from your spouse or getting a divorce, it is important that you understand your rights and how the Family Law system in Australia works. Attend counselling with a family counsellor to discuss the possibility of reconciliation with your spouse.  Following the [...]

Changing a child’s surname

15 March 2023

Each case to change a child’s surname is unique. It is therefore important that prior to commencing any Application you obtain specific advice from a family law solicitor. A child’s surname can be changed at any time when there is consent between the parties. However, if there is no agreement, a parent needs to [...]

A Remainder Interest – What’s That?

23 January 2023

The Court was asked to determine whether the wife's joint interest in the 'remainder' of a property should be considered as part of the property settlement. The wife was listed on the Title Deed as a tenant in common of the 'estate in remainder' of a house meaning she would receive ownership when her [...]

Judges Shouldn’t Speak Too Soon

10 January 2023

There is a danger with Judges expressing a ‘preliminary view’ at the start of a hearing, about the likely outcome of a case. The obvious risk is that after the hearing, the ‘losing’ party may suspect that the Judge had made findings in the case that were necessary to support their preliminary view. A [...]

Parental responsibility – navigating cultural differences

14 December 2022

Cultural differences between parents can create difficulties when it comes to making important, long-term decisions for a child. The Court recently considered the effect that cultural differences had on what time each parent spent with the child and who should have parental responsibility for the child. The child was nearly 4 at the time [...]

Court reverses a transaction after the husband’s death

25 October 2022

The Federal Circuit and Family Court of Australia has broad powers to protect property. The Court can set aside a transaction that is designed to defeat an existing or anticipated family law order. The Court has often dealt with cases, where one spouse has sought to dispose of real estate. Background One such case [...]

The House is in my Name, But it Belongs to my Parents

10 October 2022

Except in limited circumstances, an interest that a party has in a real property that is registered in the name of one spouse or jointly held with another person will be included as an asset of the parties to be divided between them. In a recent case the court was faced with an application [...]