Same Sex Marriage Legislation- Family Law and Estate Issues

The legal definition of marriage in the Marriage Act 1961 has been changed from being a “union of a man and a woman” to a “union of two people”.This change means that marriages between same sex couples previously recognised outside of Australia are now recognised in Australia. It can be complicated if the ‘married’ couple have separated prior [...]

2019-08-23T05:40:13+00:00February 26th, 2019|

Family Law Property Settlements- Get Onto It Now!

Working out the best way to divide property you own with your former spouse can be very difficult and daunting. It is not as simple as selling off assets and each party retaining a certain portion of the sale proceeds. It is imperative to get the right legal advice to achieve a formal property settlement [...]

2019-08-23T05:41:06+00:00November 29th, 2018|

Binding Financial Agreements – Recent High Court Decision

A very recent decision in a case which went all the way to the High Court has reinforced the need to act fairly at all times when entering into a Financial Agreement under the Family Law Act. In the particular case in question, a couple met online when the wife lived overseas.  She subsequently [...]

2019-08-23T15:35:04+00:00November 9th, 2018|

I’ve Recorded My Ex, Can I Use It in Family Court?

What happens if someone tapes a conversation with their ex without their knowledge? Although it is usually illegal to record someone without their knowledge, in some circumstances such a recording may be still used in evidence. In a recent case, the court was asked to determine whether recordings made by a woman could be [...]

2019-08-23T15:39:38+00:00October 27th, 2018|

Family Court Delays in Wollongong

In the Wollongong and Sydney Family Court Registries, final hearings are presently being listed well into 2018 and beyond. Recent media outlets have reported on the significant delays and under funding issues which have plagued this area of law. The Chief Justice of the Family Court, the Honourable Diana Byran AO, has spoken out [...]

2019-08-23T15:42:57+00:00September 23rd, 2018|

Family Law – Child Support – What are my options?

There are 3 ways in which parties can arrange child support matters following a separation involving children. They are: via an “administrative assessment” which is conducted by the Child Support Agency; via a child support agreement; via an informal agreement between the parents. Each is explained below. Administrative Assessment The Child Support (Assessment) Act enables parents [...]

2019-08-23T16:03:39+00:00July 27th, 2018|