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Family Court process
Understanding the Family Court Process in Australia: A Step-by-Step Guide Family matters present many social and emotional issues, as well as legal issues, for individuals experiencing a family breakdown. When court proceedings are necessary, this adds an extra layer of conflict and legal complexity to the matter, and having legal support to take you through the process is key.
Marriage and De Facto
Marriage vs. De Facto Relationships Marriage and de facto relationships offer similar rights under Australian law, but critical differences can affect your entitlements during and after the relationship ends. Learn what sets them apart and how to protect your position.
How Australian Family Law is Changing to Address Coercive Control Recognising coercive control as a form of abuse is transforming Australian family law, influencing court decisions and enhancing protections for victims. This form of non-physical abuse has become central to how courts assess family violence, with a focus on patterns of controlling behaviour over isolated incidents. In this article, Associate Natalie Stenzel explains the nature of coercive control and recent legal developments, including a landmark ruling in the Federal Circuit and Family Court of Australia.
The Crucial Role of Financial Disclosure in Family Law Matters When it comes to disclosure in family law matters it is easy to feel overwhelmed by the sheer volume of paperwork, the intricate details, and the seemingly endless process. It can be tempting to cut corners however, the importance of comprehensive financial disclosure in family law matters cannot be overstated. In this article, Partner Reece Ramsden and Law Clerk Isabella O'Connor explain the intricacies of financial disclosure, why it is important, and what happens when you fail to disclose something.
Section 60CC of the Family Law Act: A Guide to Determining a Child’s Best Interests in Parenting Matters In family law matters, decisions about children are guided by one central principle – the child’s best interests. Section 60CC of the Family Law Act 1975 outlines the considerations the court must evaluate to determine what arrangements serve a child’s welfare.
Personal Violence Orders in New South Wales In New South Wales the Court provides legal protections for individuals facing violence, intimidation, harassment, or threats. Personal Violence Orders (PVOs) can be issued to protect those at risk of harm. This article explores how PVOs work and who can apply for them.
When Can I Apply for a Divorce? How long do you need to be separated for before applying for a divorce in Australia? In this article, Special Counsel Matthew Shepherd explains the 12 month separation requirement, the evidence needed to prove separation and for marriages lasting less than two years. He also discusses how divorce relates to property settlements and spousal maintenance entitlements.
Tips for Using Your Family Lawyer Cost Efficiently Most family lawyers charge based on time, therefore, the more effectively you use their time, the less it will cost you. In this article, Special Counsel Matthew Shepherd shares eight simple tips to help you save both time and money.
What to Expect During a Divorce Hearing – Can It Proceed in Your Absence? If you have filed for divorce in Australia, you may be wondering whether you need to attend the divorce hearing and what happens if you cannot be present. In this article we explain what to expect during a divorce hearing, when attendance is required, and what happens if you're unable to attend.
The Benefits of Using a Solicitor Who Specialises in Family Law The days of lawyers ‘dabbling’ in family law are long gone. When it comes to family law matters, experience and expertise can mean the difference between a successful outcome and a costly mistake. In this article, Special Counsel Matthew Shepherd explores the case of Zandas & Zandas [2014], which serves as a reminder of the risks involved when a lawyer lacks the specialised knowledge required to handle complex family law matters.
Who Gets the House in a Divorce? Understanding Property Entitlements in Australia When a marriage or de facto relationship ends, dividing assets can be one of the most frustrating aspects of the separation process. Among all assets, the family home often holds both financial and emotional significance, making it a focal point of property settlement discussions.
Part One: The Generosity of Parents - A Gift to Whom?  A common question that arises when a couple separates is how to handle significant gifts from one partner’s parents during the relationship. This is part one of a two part series exploring how parental gifts, such as monetary contributions, are treated after separation and what factors the court considers.