How are assets divided in a divorce?

When contemplating a divorce or separation, most people assume that their assets will be divided equally. However, at law, there is no 50-50 split rule, and the Court will look at many factors in determining how the marital assets of a couple will be divided. The way...

Obtaining probate for a non-existent or informal Will

An informal Will does not satisfy all the requirements under the Wills Act 1997. If a Will has not been properly executed, problems may arise at the time probate is applied for. However, there are circumstances where an informal Will may be admitted to probate even if...

Providing for your Pet in your Will

Approximately 61% of Australian households have a pet and many of us consider them as members of the family. When creating your Will, it is essential to consider their future should you die before they do. Animals who are not provided for in their owner’s Will may...

Recognising Social Abuse

Recent surveys conducted in 2020 revealed that the COVID-19 pandemic increased the frequency and severity of violence reported against women and of first-time family violence reporting. With these alarming statistics, the public seems to focus on physical abuse rather...

What is Family Dispute Resolution (FDR)?

Family Dispute Resolution (FDR) is defined in section 10F of the Family Law Act 1975 (Cth) as a process in which an independent family dispute resolution practitioner helps people affected by separation or divorce to resolve some or all of their issues. Simply put,...

How does marriage or divorce affect my Will?

Marriage, separation, and divorce all have different effects on your Will. New studies show that many Australians are unaware that their Will becomes invalid upon marriage. This may not cause many problems for a first-time marriage, however, if there are other people...

Family Law in Children’s Vaccinations

The Coronavirus pandemic has caused a widening range of family law disputes, with parents being unable to agree if their child should receive the COVID-19 vaccinations. Unless a court order has been made stating otherwise, both parents of a child are presumed to have...

The treatment of financial assistance in a divorce

It is common for children to receive financial assistance from their parents to buy into the property market, reduce their debt, or afford their children’s school fees. How this financial assistance will be treated is an important consideration in family law matters...

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