Family Law Act 1975

Family Violence in Family Law Cases

The Australian Institute of Health and Welfare reports that in 2017-18, the proportion of family law cases in which allegations of child abuse, family violence or risk of family violence was alleged rose to 30%.

There is a continuing growing awareness of family violence in the community, and recognition by the Courts of the impact that family violence can have on both parents and children following separation.

When can my child decide who to live with?

This is one of the most common questions that family lawyers are asked by parents who are separated.

The Family Law Act 1975 and case law does not define the age for when children can decide who they live with. Generally, Courts are more likely to give greater weight to adolescent children’s views and wishes, in light of their developmental maturity in comparison to younger children. However, all family law matters are determined on a case-by-case basis and even the views of teenagers are not determinative.

Consent Orders or Binding Financial Agreement: Which is the best way to formalise my property settlement?

Consent Orders or Binding Financial Agreement: Which is the best way to formalise my property settlement?

If you want to enter into a property settlement, you need to understand the options available to you and make informed decisions.

Property Settlements: The “Four” Step Approach

The Full Court of the Family Court has adopted an approach which is applied during Court proceedings involving property matters.  Lawyers giving advice about reasonable outcomes in a property matter use this process as a guide to advise clients about what they are entitled to.

Lottery winnings and property settlements

Formalising a property settlement servers your financial ties and will prevent your former spouse from seeking an adjustment of property interests between you. If you have not entered into a formal property settlement, your former spouse may have a claim on your assets.