What’s the legal definition of a de facto relationship? If you only live together for a few months, does that count in the eyes of the law? And are you entitled to anything in a property settlement once that relationship is over? The Family Law Act has dealt with de facto relationship property settlements [...]
The debate about the vaccination of children can be a passionate one at the best of times, but with the current Covid-19 vaccination now available to children and the increased impetus for that with schools having recently returned, the topic is coming to the fore in Family Law. What the Government says Currently in [...]
Overseas it’s called alimony, in Australia it’s called spouse maintenance. It arises where there is a significant income difference between spouses at separation and the higher income earning spouse provides regular payments to the other spouse. So does it apply to you? Spouse maintenance is where a payment is made by one spouse to [...]
Do you want a divorce or an annulment? Sometimes TV and other media, especially if from overseas, can give confusing messages. In Australia, they are definitely not the same thing. So, what is a nullity? Hollywood movies give the impression that “getting an annulment” as a way of ending your marriage is simple. However, [...]
Some cases in the family Court have an Independent Children's Lawyer appointed, and some don't. Let's look at what an ICL is and when they might be appointed. An Independent Children’s Lawyer (ICL) is an experienced solicitor appointed by the court to represent a child. Usually, Legal Aid Queensland will pay the entire costs [...]
As far as the real estate industry is concerned, the COVID-19 recession seems like a distant memory. While some aspects of the economy are struggling to recover from the pandemic, house prices are going through the roof. So, be careful! This is great news if you’re selling, and if you and your partner split [...]
Our Managing Director, Michael Lynch, has recently been recognised by the Queensland Law Society (QLS) for 25 years as an Accredited Family Law Specialist. At the Award ceremony the QLS President, Elizabeth Shearer said “Queensland currently has 498 Accredited Specialists. You were from the first class and are, indeed, an elite group. The Queensland [...]
Borders are re-opening both within Australia and around the world, and many families are looking forward to being reunited. However, as borders open up, there’s also a risk of an increase in international child abduction cases. So what can be done? International Parental Child Abduction (IPCA) happens where one parent takes a child, or [...]
Not complying with court ordered parenting arrangements can have severe consequences, including jail time. Be aware of what could happen. The court generally doesn’t look at applications that are considered “petty or unwarranted”, for example a minor or trivial breach of parenting orders, or if there’s a reasonable excuse for the breach. However, there [...]
DNA testing, or parentage testing, is a medical test which can determine who is the biological parent of a child. How does it work? And is it reliable? The usual method of carrying out the test is with a swab of cells taken from the inside cheek of each of the people involved. While [...]
