Frequently Asked Questions about the Independent Children's Lawyer

Wednesday, 11 April, 2018

Adult Child Maintenance

Thursday, 1 March, 2018

If a child or children over 18 can’t support themselves they can still receive financial support for education expenses or if they have a mental or physical disability.

Why Choose Collaborative Practice

Wednesday, 28 February, 2018

Increasing delays in the Family Law litigation and high legal costs have led lawyers and their clients to consider an alternate way of resolving family law disputes.

10 things you should know about separation and divorce

Monday, 26 February, 2018

The Collaborative Process for Prenuptial Financial Agreements

Wednesday, 31 January, 2018

Using Collaborative Practice for Prenuptial Financial Agreements a couple's relationship can be strengthened by identifying concerns and working through them to mutually acceptable arrangements. This can strengthen the relationship and increase the couple's ability to work together in the future when issues inevitably arise.

Divorce; do you need a Will?

Wednesday, 31 January, 2018

The Wills Act provides a will is revoked by marriage or the commencing of a registered relationship unless the will is expressed to be made in contemplation of marriage or the registration of a relationship. If you die without a will or your will has been revoked you are intestate. If you enter a new relationship your new partner is entitled to administer your estate. If you do not have a new partner the children of your old marriage or relationship are entitled to administer your estate. If your children are under the age of 18 their parent can apply to administer your estate on your children's behalf.

Just leave!

Sunday, 31 December, 2017

Courts are reluctant to order a party to leave their home. It is a very serious matter to turn a person out of their home. Exclusive occupancy can be applied for when parties are still living together or when a party has had to vacate the property and wishes to return. The Court will consider whether the relationship between the parties is such that it would not be reasonable, sensible or practicable to expect them to remain in the home with each other. It is not sufficient to exclude one party from the home simply to allow the other party to live more peacefully.

Is my Binding Financial Agreement binding? A Case Analysis: Thorne & Kennedy

Friday, 10 November, 2017

Binding Financial Agreements or ‘Prenuptial Agreements’ can help couples plan their financial future. Couples can use Binding Financial Agreements to resolve how their finances will be managed during, or following the breakdown of their relationship. In the case of Thorne v Kennedy [2017] HCA 49 however, the parties’ intentions in entering into the Binding Financial Agreement were not upheld by the Court.

You and your lawyer

Tuesday, 7 November, 2017

How to have a good relationship with your lawyer

Overseas Child Support

Sunday, 24 September, 2017

Overseas child maintenance orders from reciprocating jurisdictions can be registered in Australia under the Child Support (Registration and Collection) Act 1988.