“My former spouse and I have decided how we will divide our assets. Do we really need to see lawyers and have a formal agreement in place if we can agree on the property division ourselves?” This question is frequently asked by individuals at the early stages of...
Navigating Property Division After a High-Net-Worth Divorce
Generally, high net worth households are those which have an annual income exceeding $300,000 or a net worth over $5 million. Equitably dividing the assets that make up a matrimonial asset pool of such magnitude can be complicated and can take a long time. The...
Grey Divorce and Property Settlement
Grey divorce refers to a type of divorce where the couple ending their marriage are aged over 50. Although the divorce rate in Australia has declined, there has been an increase in divorce amongst the older generations. Psychologists have identified 3 common turning...
Who Gets the Dog? Understanding Pet Custody in Divorce and Separation
With almost 70% of households now owning a pet, relationship breakdowns often come with the added complication of navigating pet custody in divorce. There are currently no provisions in the Family Law Act 1975 (Cth) that specifically deal with pets. Pets are treated...
The Basics of Probate and Why it Matters
Probate refers to process by which an Executor named in a Will is given the legal right to deal with the assets and liabilities in the estate of a deceased person. A grant of Representation is the umbrella term referring to either Probate or letters of administration....
The Truth about DIY Wills in Australia: Risks and Considerations
A do-it-yourself or “DIY” Will kit might seem like a cost-effective way to ensure your assets will be divided and distributed according to your wishes when you pass away. Unfortunately, the DIY Will can have disastrous consequences and can cost more in the long run,...
The Concept of Mutual Wills for Couples and the case of Re Miglic [2024] VSC 20
What are Mutual Wills? Mutual Wills are Wills made by spouses together with an agreement that neither party can revoke or amend their Will after the other party’s death. Mutual Wills are legally binding and if one spouse changes their Will after the other spouse dies,...
Understanding Surrogacy Laws in Australia: A Guide for Intended Parents
Surrogacy refers to the arrangement in which a surrogate agrees to carry and give birth to a child for another person or couple. Surrogacy is commonly sought by couples that cannot carry their own child. Yearly, there are approximately 100 surrogacy births occurring...
Navigating the Adoption Process in Australia: Legal Requirements and Steps
Adoption is the process by which the parental responsibility for a child is legally transferred to someone who is not the biological parent of that child. In Australia, there only a small number of children each year who need a family, outnumbering the quantity of...
Challenging Court Decisions: A Guide to Family Law Appeals in Australia
Family Law Appeals in Australia are an essential process for those seeking to challenge a court decision in family law cases. Essentially, an appeal is your opportunity to ask a higher court to review and change a decision made by a judge. But, it's important to...
The Impact of Infidelity on Divorce Proceedings in Australia
Although difficult to quantify, studies have predicted around 20% of couples are affected by sexual infidelity. Individuals burned by their spouse’s infidelity often seek retribution during divorce and property settlement proceedings. It is important to note that a...
Mental Health Considerations in making parenting orders: What Australian Families Need to Know
How Parenting Orders Imposed by the Court may Affect Mental Health According to the Australian Bureau of Statistics, around 43% of Australians aged 16-85 years old have experienced a mental disorder at some point in their lives. Legal disputes generally can be...