Why Divorce Rates are Increasing in Australia

Wednesday, 7 July, 2021

Since the Family Law Act in 1975 divorce rates have increased and today approximately 50% of marriages and de facto relationships which are also governed by the Family Law Act breakdown. This is a product of changes to the economic and legal constraints to divorcing and a move away from a cultural bias in favour of staying married.

Defamation – what you should know

Friday, 18 June, 2021

Separation is a difficult and emotional time often characterised by unjustified remarks

Preparing for Mediation

Tuesday, 30 March, 2021

The success of a mediation is increased if the participants understand the process and come to mediation prepared to find a mutually agreeable solution and not focus on preparing for trial. The cost in both time and money to proceed to litigation often outweighs the benefit of focusing on uncovering participants’ interests and seeking an early settlement before huge costs have been incurred.

"I do" not know what constitutes a valid Marriage in Australia

Monday, 15 March, 2021

Splitting Superannuation

Friday, 26 February, 2021

When a marriage or de facto relationship breaks down the Family Law Act allows superannuation to be divided.

But you promised!

Monday, 21 December, 2020

An agreement (unless a binding financial agreement) between parties, cannot bind the Court in any property proceedings under either s 79 or s 90SM of the Family Law Act 1975 (Cth) (see Woodcock and Woodcock (1997) FLC 92-739).

Implementation of a COVID-19 Immunisation of Children Program

Monday, 30 November, 2020

Recent discussion has emerged surrounding the implementation of a Coronavirus vaccination and related parenting issues in family law. Consideration of the challenges presented by COVID-19 has prompted a number of questions as to how the Family Court will respond when confronted with the issue of parents immunising their children against Coronavirus.

When are Binding Financial Agreements Binding

Friday, 30 October, 2020

SECT 90G FAMILY LAW ACT 1975 sets out when financial agreements are binding

Choosing a Marriage Counsellor

Sunday, 2 August, 2020

The breakdown of your relationship is likely to be one of the most emotional events in your life. It has been said that the only greater emotional event in your life is the death of a child and that the end of your marriage is more traumatic than the death of your partner.

Four Rules for Newly Separated Parents

Monday, 4 May, 2020

Here at Swan Family Lawyers we understand that co-parenting post separation can be extremely challenging – especially if the relationship did not end amicably.