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 If you die without a will or your will has been revoked you are intestate.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.
Read moreJust 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.
Read moreIs 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.
Read moreYou and your lawyer
Tuesday, 7 November, 2017
How to have a good relationship with your lawyer
Read moreOverseas 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.
Read moreHow to tell the former partner about Collaborative Practice
Monday, 18 September, 2017
How to tell your former partner about Collaborative Practice is always important
Read moreI am Worried my Former Partner will Take our Child Overseas
Saturday, 16 September, 2017
If you have this concern you can apply to the Court:
Read moreAm I eligible to get divorced in Australia?
Wednesday, 30 August, 2017
You can apply for a divorce in the Federal Circuit Court of Australia provided you have been separated from your spouse for at least 12 months and are ‘domiciled’ in Australia, that is where you intend to live in the future.
Read moreAm I entitled to Spousal Maintenance?
Tuesday, 29 August, 2017
Spousal Maintenance is a form of financial support given from one spouse/de facto partner to another spouse/de facto partner to assist them with their reasonable living expenses.
Read morePrenuptial Agreements
Wednesday, 2 August, 2017
Prenuptial Agreements can help couples plan their financial future
Read more