Blog
Category: Family Law
Are the views of the child considered in family law proceedings
When making Parenting Orders in relation to a child, the Family Law Act requires the Court to regard the best interests of the child as the paramount consideration. In doing this, the Court may give consideration to the views of the child.
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What is an Independent Children’s Lawyer?
An Independent Children's Lawyer is appointed by the Court to represent and promote the best interests of a child in family law proceedings. The ICL plays a crucial role in parenting disputes but must act independently of the Court and the parties.
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Landmark family law reforms passed in October 2023
On 19 October 2023, the Australian Parliament passed two significant pieces of legislation in an attempt to reform Australia’s family law system. These two pieces of legislation have been designed to make Australia’s family law system simpler, safer and more accessible.
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Beware when using social media during family law proceedings
It’s important for separated couples to be very careful with what they post on social media platforms like Facebook, Instagram, X (formerly Twitter), Threads and TikTok when engaged in family law proceedings like divorce, property settlement and parenting negotiations.
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Navigating Christmas and time spent with children after separation
Many separated parents will be able to amicably make parenting arrangements for the Christmas period but some parents will be unable to reach agreement. For those parents, it’s important to know that any court applications to deal with parenting arrangements at Christmas must be filed by 4.00 pm on the second Friday in November in each year.
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Annulment of marriage in Australia
An annulment of a marriage is not the same as a divorce. Annulment of your marriage is a legal declaration that there was no legal marriage between the parties even though a marriage ceremony may have taken place.
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Caveats and family law
Parties to family law proceedings may consider lodging a caveat on property not in their name, however, this is not a straightforward process. There are complex criteria which must be met before anyone can lodge a caveat on property, including after separation or divorce.
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What is a family law Contravention Application?
A Contravention Application is an application made to the Federal Circuit and Family Court of Australia seeking the Court's remedy where there has been a breach of Court Orders in a substantial or significant way.
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Navigating family law matters as a grandparent
Family law matters can be complex and confusing not just for separating parents but also for other family members. This guide is written to assist those navigating the system as a grandparent.
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Inheritance and family law property settlement
We look at how the courts treat an inheritance received before, during or after a relationship, when determining property settlement.
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Use of a Search Order in family law property matters
If you’re concerned about your ex disposing of assets before or during your family law matter, a Search Order may assist.
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The importance of severing joint tenancy during family law proceedings
A primary reason to sever a joint tenancy after separation is to protect your interest in property should you die unexpectedly.
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