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Category: Family Law


A guide to family law property settlement

A guide to family law property settlement

When couples separate, they usually need to divide up the property between them. This is known as property settlement in family law. Contrary to urban myth, there is no presumption at law that property will be distributed equally. That is, it’s not simply a 50:50 split.
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What is the difference between child support and adult child maintenance?

What is the difference between child support and adult child maintenance?

We look at the difference between child support and adult child maintenance and how they are calculated. In a nutshell, child support is paid by one parent to another for children under 18 years old, while adult child maintenance is paid for children over 18.
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Visibility of superannuation assets during family law property settlement

Visibility of superannuation assets during family law property settlement

It’s important to consider the superannuation held by both parties as part of any property settlement negotiations. But what if a party does not disclose, or under-discloses, their superannuation interests?
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Significant changes to the Family Law Act effective from May 2024

Significant changes to the Family Law Act effective from May 2024

In October 2023, the Australian Parliament passed major changes to how parenting matters are dealt with in family law. These changes come into effect from May 2024. Importantly, they are NOT retrospective. Learn more about how these changes may impact parenting matters.
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Supervised time in family law parenting matters

Supervised time in family law parenting matters

Following separation, many parents are able to come to an agreement about arrangements for the care of their children. However, often there can be disputes and, in some circumstances, and under certain conditions, an arrangement for supervised time with the children may be an option.
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Calculating the asset pool for family law property matters

Calculating the asset pool for family law property matters

While parties do not always need to agree on all aspects of the asset pool to reach a property settlement resolution, understanding how to calculate the asset pool is essential for both parties as a starting point.
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Farms and family law property settlement

Farms and family law property settlement

There are various factors to consider when dealing with farms in family law property settlement, including how farms are treated, what the farm comprises and its ownership structure, and whether the farm will need to be sold.
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My former partner is delaying property settlement

My former partner is delaying property settlement

When your former partner intentionally delays the process, it can be frustrating and financially burdensome. This article provides guidance and practical strategies for individuals facing delays in family law property settlement in Australia.
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6 ways to reduce your family law costs

6 ways to reduce your family law costs

Dealing with family law matters can be emotionally challenging, and the associated legal costs can add an additional burden. However, by implementing some strategies and seeking legal advice early on, you can manage your family law legal costs effectively.
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Pre-action procedures before filing in the Federal Court and Family Court of Australia

Pre-action procedures before filing in the Federal Court and Family Court of Australia

Before taking your parenting or property issue to court, you must fulfil certain family law requirements known as the “pre-action procedures”. The court requires parties to make a “genuine effort” in resolving a dispute before going to court.
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Overseas assets in family law property settlement

Overseas assets in family law property settlement

In today’s globalised world, it is becoming increasingly common for individuals to own property overseas such as real estate, funds in international bank accounts or international shareholdings. So, what happens to overseas assets after separation or divorce?
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What does “best interests of the child” mean in family law?

What does “best interests of the child” mean in family law?

Where parents cannot agree to parenting arrangements outside of Court, they can make an application to the Court to make a decision. The Court is only able to make orders that are in the “best interests of the children”.
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