Currently, family law in Australia is governed by the Family Law Act 1975 (FLA). Family law in Australia has undergone a number of transformations in recent history, notably in the form of the establishment of the FLA which introduced no-fault divorce in Australia,...
The Process of Obtaining a DNA Test and Implications for Child Support Payments
Paternity issues can arise in family law disputes, often in relation to child support matters as generally a person who is not a biological parent of a child does not have to pay child support. In such cases, DNA testing in family law becomes crucial to establish or...
Understanding Child Support: A Comprehensive Overview
Child support payments are payments made between separated parents to financially support the cost of raising a child or children. In some circumstances these payments may be made by both parents to a third party who is caring for the child such as a grandparent or...
Impact of Family Violence on Family Law Matters
Family violence occurs where a person displays any threatening, coercive, violent and abusive behaviour towards another member or members of their family. Family violence is still a prevalent issue, with the Australian Bureau of Statistics (ABS) reporting an estimated...
Preparing for a Family Law Court Hearing: Tips and Best Practices
Family law court hearings can be particularly stressful and daunting, even in the best of circumstances. The sensitive nature of these proceedings can often make the process more complex and emotionally charged. Being a specialist area of law, family law requires...
The Importance of Prenuptial and Postnuptial Agreements in Family Law
Prenuptial and postnuptial agreements, although popularised by celebrities, are prudent measures which enable parties to a relationship to have certainty and control over their future finances without the need for the matter to proceed to Court. These agreements are...
What is a Binding Death Benefit Nomination, and Why Should You Make one?
A binding death benefit nomination (BDBN) is a legally binding document which directs your superannuation fund to distribute your superannuation to your nominated beneficiaries in the instance you pass away. There are limitations on who you can nominate to receive the...
Navigating the Property Settlement Process: Common Mistakes to Avoid
Dividing assets after separation can be complicated, and both practically and emotionally challenging. Some mistakes made during property settlement process can have lasting consequences. Therefore, it is important to ensure proper processes are followed to safeguard...
Co-Parenting After Divorce: Tips for Success
Co-Parenting After Divorce: Tips for Success A divorce is often a stressful and challenging experience for each person involved. There will usually be many matters requiring careful consideration, however when children are involved, the complexity and emotional strain...
Testamentary Trusts – What are they? And What are The Pros and Cons?
What is a Testamentary Trust? A testamentary trust is incorporated in a Will and does not come into effect until after the death of the will maker, also known as the Testator. Testamentary trusts can operate for a period of up to 80 years from the date of death of the...
Exclusion Risk and Recrimination in Estate Planning
When a person decides to create a Will (a Testator) they are free to leave their property to whomever they choose. The Testator can also exclude specific people from being a beneficiary of their estate however, there are risks in excluding someone, especially if that...
Family Violence – Coercive Control and its effect on Estate Planning
Survivors of family violence have reported that the most difficult thing about domestic abuse is not necessarily the physical violence but rather the psychological abuse — the manipulation and surveillance, the gradual isolation from friends and family, the rigid...