Family Law

Many couples each year seek services of assisted reproductive technology in the hope of having a child. One in six Australian couples suffer from fertility problems and around one in 25 Australian births are a result of in vitro fertilisation (IVF).  As part of the IVF process, embryos may be created, frozen and stored ready…

A property settlement is the arrangement between parties for division of assets, liabilities, and superannuation after the separation of a married or de facto couple. A property settlement can be formalised by way of a Financial Agreement, Consent Orders or by Court Order after a contested hearing. Whether property division is agreed to between the…

A parent’s mental health and the impact of any mental health issues on their capacity to care for the children are common concerns arising after separation. If a parent’s mental health issues were present during the relationship there may be heightened concerns for the children’s welfare in that parent’s care. Claims that a parent has…

The family courts have recently announced the introduction of a COVID-19 List to deal with urgent parenting issues that have resulted directly from the Coronavirus crisis. The COVID-19 List has been introduced in response to the large number of urgent parenting applications filed during March and April this year, which amounted to a 39% increase…

Since the outbreak of COVID-19, parents who have a co-parenting agreement or parenting orders have found themselves in uncharted territory. The courts have been operating differently due to the pandemic and are only hearing urgent family law proceedings and are doing so via audio-visual conferencing. As a result, parents are often left contemplating the safety…

When a person seeks child support from another person, they must establish that the person is indeed a parent of the child or children in question. In most cases, parentage is not in dispute. However, when issues arise around parentage, an application will sometimes need to be made under Section 106A of the Child Support…

Whether or not a relationship would be considered to be a short relationship depends on all the circumstances. However, if a relationship lasts less than five years, it will likely be categorised as short. When the court makes orders for the division of property after short relationships, the financial contributions made by each party are…

Upon separation, couples will usually seek property settlement. A property settlement is a binding legal arrangement dividing the assets and liabilities of parties to a relationship. Parties to property settlements often overlook the impact capital gains tax will have on the outcome. As part of a settlement, one party will often be obligated to transfer…

The Family Law Act 1975 governs the division of assets, liabilities and superannuation in the event of separation after a de facto relationship or marriage. The court has a wide discretion under the Act to decide the property settlement entitlements of each party based on the facts of the individual case. Parties’ entitlements to an…

When parties seek to finalise their financial relationship following a separation, there are a number of important factors to consider and steps to take. One of these is to obtain a valuation of the property owned by the parties. Courts dealing with family law matters have a discretion to make any orders which are just…

Stepparent adoption is the process by which a stepparent becomes the legal parent of their spouse’s or de-facto partner’s child. Before a court considers an application for adoption of a child by a stepparent, the Family Court of Australia must first give its approval for the adoption to proceed (section 60G Family Law Act 1975). Adoption…

Family law matters can be time-consuming as well as expensive to litigate. The wait time for a court to determine a family law matter on a final basis can be over two years from when the Initiating Application is filed. In order to resolve matters efficiently, parties should consider alternative dispute resolution mechanisms such as…

If one parent prevents the other parent from having contact with the child or children, it may be necessary to make an application for a recovery order and/or a location order. Location Orders and Recovery Orders are governed by Sections 67J and 67Q of the Family Law Act 1975 and address circumstances where a person is prevented…

The Federal Circuit Court of Australia and the Family Court of Australia jointly make up the Australian Family Law Courts. The two courts deal with a range of matters, including care of children, divorce and property settlement. Both courts operate under the same Commonwealth legislation, the Family Law Act 1975. It’s not uncommon for adults…

The Family Law Act applies to de facto relationships as well as to marriages. This means that court orders can be made regarding the division of property, spousal maintenance and other matters that arise following a separation whether the parties were legally married or in a de facto relationship. However, it is not always easy…

In Australia, a person may only be married to one person at any given time.  Section 94 of the Marriage Act 1961 provides that a person who is married shall not go through a form or ceremony of marriage with any person.  Marrying another person when one is already married is known as bigamy. Criminal…