Under both the Family Law Act 1975 (Cth) and the Child Support Assessment Act 1989 (Cth) parents of a child have a legal obligation to provide financial support for that child until the child turns 18 years of age. Where the parents have separated, one party may consider payment for child support to … Read more about The difference between a Binding Child Support Agreement and a Limited Child Support Agreement
One significant area of apprehension before or immediately after separation is who pays the mortgage (or mortgages) for any real property together with other joint expenses. This can be particularly difficult when one spouse remains living in the home and the other needs to find alternative … Read more about Who pays the mortgage after separation?
Proceedings in the Family Court, whether for children and parenting matters or financial matters, are stressful for all parties involved without considering the added burden of legal costs. As a family lawyer, a question commonly asked by clients is “Can the Family Court make the other party pay my … Read more about Legal costs in Family Law proceedings
It is becoming more commonplace for family members to provide financial assistance to other family members to be used, for example as a deposit for a property purchase, for renovations on a property or to assist with cash flow for a business venture. How that arrangement is treated if you end up in … Read more about Is it a gift or a loan? The difference could be critical in your family law dispute
One of the first steps you should consider, when separating with your spouse or de facto partner, is to protect any interest you have in real property (for example, your family home) of the relationship. One way you can protect your interest in any real property that is not registered in your name … Read more about What is a caveat? How can it be used in Family Law?
In Family Court proceedings, at times it is difficult to get the information you need out of the other party. You may need to issue a subpoena. A subpoena is a court ordered request to produce documents of for someone to appear in a legal proceeding. In family law, you can issue a subpoena to a … Read more about Family Court subpoenas; how to issue or how to respond?
When people are considering separation, many will initially ‘go it alone’ with working through the various processes; the things they need to consider when separating, dividing their property, parenting issues, getting a divorce etc. But to get through the process ensuring all your rights and … Read more about Working with a variety of professionals can make the experience of separation easier
Have you read “See What You Made Me Do” by Jess Hill? Whilst COVID-19 is attracting all the headlines at present, the underlying alternative pandemic of increasing domestic violence is a subtitle that we are also reading. Whilst bedtime reading is a matter of choice, there is no doubt that Jess … Read more about Domestic violence – a pandemic of its own