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...
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...
Break Ups and Divorce – Who Gets to Keep the Engagement Ring?
Deciding who is entitled to keep the engagement ring is not a discussion couples would ever anticipate having when they’re embarking on the next chapter together. However, when a relationship breaks down unexpectedly this can be quite a contentious topic particularly...
No Will? Who is Entitled to Claim your Estate?
What Happens If Someone Dies Without a Will? When a person dies in Victoria without leaving a valid Will, the estate of the deceased person is distributed according to the provisions of Part IA – Intestacy of the Administration and Probate Act 1958 (Act) “The Act”....
Grounds for Lodging a Caveat in a Family Law Matter
What is a Caveat? A caveat is a document any person with a legal interest in a property can lodge with Land Use Victoria. After registration, a caveat note appears on the title giving prospective buyers notice that a third party might have rights over the property....
The Cultural Impact of Depp v Heard
The defamation trial of divorced actors Johnny Depp and Amber Heard caught the attention of thousands of men and women around the world. The trial concluded on Wednesday 1st June 2022 after six weeks of speculation, sensationalism, and outrageous headlines. Both...
Legal Costs involved in a Divorce
There are many costs that should be considered when planning for a Divorce. The main costs involved in a divorce involve court fees, lawyer fees (including solicitors and barristers), application fees and the costs associated with living independently. Who pays...
Social Media and Family Law
The use of social media as evidence in family law matters has increased exponentially given the general public now posts a lot of their lives to social media. In parenting or spousal maintenance orders, there is often a lot of reliance on what the other person did or...
What happens when one party dies during a Family Law property settlement?
Divorce and separation are a matter of Federal law, however, death falls under state law, so when a partner dies, the family law courts do not have the jurisdiction for a property settlement. The general rule established in Sims v Sims, is that a property settlement...
Top tips to resolve your family law property settlement
A family law property settlement is the division of property at the end of a marriage or de facto relationship. Under the Family Law Act, if parties cannot agree on a division of property themselves, an application for a court ordered property settlement must be...
What is a parenting order?
Applying for a parenting order should only be considered after both parents of a child have made all genuine attempts to resolve a matter on their child but have failed to agree. Parents who are unable to resolve a parenting claim themselves, should first attempt the...
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...