A press release recently reported that thousands of Australian marriages may be invalid due to celebrants using incorrect words at wedding ceremonies and consequently not complying with the Marriage Act. Apparently an examination of last year’s marriages by the Attorney-General’s department revealed that 80% of the ceremonies did not meet these requirements. This pointedly came [...]
One of the challenges that often arises between separating couples is the preservation of property. Property has a wide definition, it is not limited to just real estate. It is not uncommon (before or after separation) for a spouse to take property. For example, take money out of a bank account, draw down special [...]
Many separating couples operate businesses through a variety of different corporate and trust structures for tax minimisation purposes. Such structures can complicate property settlements if certain tax costs are not identified and taken into account at the time of settlement negotiations. Not unlike public companies, private companies have shareholders and payments are often made [...]
To document or not to document an agreement? That is the question. It is important to be aware of the options available when it comes to – whether? and if so, how? - to document children’s arrangements, property settlement, and even child support. The ‘rule of thumb’ is that a ‘property settlement’ must be [...]
What is mediation? Mediation provides an alternative to going to Court (letting a Judge decide your matter for you). It involves you and your former partner, sitting down with an independent third party (a "mediator"), who gives both of you an opportunity to tell your side of the story and attempt to help you [...]
“Do you know a good family lawyer in Brisbane?” “Who’s currently the best family lawyer?” These are some of the first questions to be asked when someone separates. Like any area of life that is new, it’s human nature to want to find comfort and security in that new environment. That need is particularly [...]
The law states that separated parents have a legal obligation to provide financially for their children. The Child Support Agency regulates this until the child is 18 years old – but what happens after that? Is it possible for a parent to be required to financially support an adult child? The answer is 'yes' [...]
The average person generally spends their life trying to avoid the inside of a Court room. Yet, there are some who just cannot stay away persistently initiating legal actions that do not have sufficient grounds, simply to harass or subdue their adversary. In such cases, the Court is often placed in the difficult position of [...]
The right to marry in Australia is no longer determined by sex or gender. But what happens when cultural immigrants have multiple wives? The court recently considered just a case. The Facts The parties married in Iran in 1981. The law in Iran permitted the husband, subject to certain conditions the ability to take 3 additional [...]
