Over the many years in practice, whether our client is a father, a mother or a person who has a significant relationship to a child, we see a pattern of common misconceptions about parenting and the law. Let’s bust some of those myths! Since our child lives with me, I am the only one who...
If you and your partner have separated and you’re planning on getting a divorce, the first thing to do is a property settlement. A property settlement is separate from getting a divorce. It is the agreement or Court Order made regarding how your property is to be divided. You and your partner can agree to...
The most common misconception which clients have when their relationship breaks down (whether de facto or married) is that there is an automatic entitlement to a division of the assets equally (ie 50/50). This is not so in the Australian legal system. What are you entitled to and how do the courts determine this? The...
In Australia, if you are in a de-facto relationship, you have the same rights as a married couple when it comes to the division of property. The same applies for same sex couples. You also have rights when it comes to maintenance, financial agreements and superannuation. Simply living with someone and being in a sexual...
Making the decision to separate can be extremely stressful. There are so many things to consider, what will happen to my children? Will I need to find work? Will I need to move out of the matrimonial home? Will I need to pay spousal support? How much child support will I need to pay? Can...
Recent publicity has highlighted once again the real danger that mental health, violence and domestic violence poses to our society and in particular families. Separation is a heightened risk time for family violence. For some it is the only time of physical risk which is triggered by the separation. For others who have experienced ongoing...
