In a previous article (Inheritance in property settlements - Michael Lynch Family Lawyers) we addressed the Court’s general view in relation to inheritances received during and after a marriage. In the recent case of Shnell & Frey (2021), the Court considered the impact of multiple inheritances received at different times during and after the [...]
In some family court proceedings – but not all – an Independent Children’s Lawyer (ICL) is appointed to represent the best interests of any children involved. An ICL will only be appointed in parenting cases and is usually fully funded by Legal Aid. You can ask the court to appoint an ICL, in which [...]
How long, for family law purposes, do a couple have to be together to be in a legally defined De Facto relationship? Section 4AA of the Family Law Act 1975 (Cth) provides the definition of a de facto relationship for family law purposes. Generally, the courts will consider a couple as being in a [...]
It is becoming more common for separated parties to have a liability arising from the completion of their tertiary studies, referred to as HECS / HELP fee debts. A common question we are asked is, are HECS / HELP debts relevant to a family law property settlement? The short answer – yes, but its [...]
Queensland has introduced new domestic violence laws aimed at combating coercive control. The laws will help victims by looking at a pattern of behaviour, rather than individual incidents and the new laws also aim to limit a perpetrators ability to re-traumatise their victims during the court process. However, in some cases, no matter how [...]
Taking your child overseas without the permission of the other parent could result in serious legal problems for your family. Before you leave Australia with your children, make sure you get consent from any person or institution with responsibility for the children, or get a court order permitting their travel. If a child is [...]
A “pre-nup” or pre-nuptial agreement, is the colloquial or American term for a financial agreement. Under Australian law, financial agreements are complex and technical, and if they’re not prepared according to strict legal requirements, they can easily be set aside. Which means the court will deal with the couple’s financial matters. The court can [...]
Kirstie Colls, the director and Head of Family Law at Michael Lynch Family Lawyers, has been listed in the 'Best Lawyers Report 2024', recognising her as one of Australia's prominent Family Lawyers. With over 20 years of experience as a solicitor specialising in Family Law, Kirstie has earned a reputation for excellence and trust [...]
Organising a property settlement after a relationship breakdown can be a complicated process. Many people are unsure about what happens to their income and assets acquired after they’ve split up from their partner. Generally speaking, courts do not require people to go into a state of “suspended animation” once their marriage breaks down, pending [...]
It's important for divorced and separated parents to know that parenting orders made overseas can be registered in Australia. However, it depends on the country in which the parenting order was made. If your parenting orders were made in a country that is part of the Hague Convention, you can apply to the Federal [...]
