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demystified
family law



WHAT TO TELL THE KIDS
There is no good time to tell children that their parents are separating.
3 min read


MISTAKES TO AVOID PT 2
Paula Phelan is a Family Lawyer with Specialist Accreditation in this area from the Queensland Law Society. She has been a lawyer for 24...
2 min read


MISTAKES TO AVOID
As separation is hard enough, you do not want to add more to your plate by making some common mistakes that could have been easily avoided.
2 min read


COVID-19
A relationship breakdown is difficult and uncertain as it is without a global pandemic going on in the background.
2 min read


INHERITANCES
In the 2017 Family Law case of Calvin & McTier, the parties were married for 8 years between 2002 and 2010. In 2014, 4 years after the p
3 min read


SPOUSAL MAINTENANCE
Spousal maintenance is the financial support of a former spouse after separation. In this article, we explain what spousal maintenance is, w
3 min read


SEPARATING: NOW WHAT?
While many things can feel out of your control, there are practical steps you can take to ease the confusion and secure your future during t
3 min read


DE FACTO
So what happens if there are no children and you break up before the 2 year period? What if you feel that you have contributed in some way t
3 min read


SUPERANNUATION
For the purposes of a family law property settlement, super is considered to be property and can be transferred between spouses’ funds as pa
3 min read


CHILDREN'S LAWYERS
The Family Law Act recognises that there are times when the children need to have their own legal representation in a case about the future
3 min read


DEBT IN SETTLEMENT
A recent case in the High Court of Australia has confirmed that pursuant to the Family Law Act, the court has the power to assign the taxati
2 min read


RETIRED & SEPARATING
These are often relationships or marriages that have lasted for several decades. Why after all this time do couples suddenly want out when t
3 min read


WHO GETS THE PETS?
Under Australian family law, pets are considered ‘chattels’. This means that they are a personal possession and regarded as an item of prope
2 min read


GRANDPARENTS
A child’s extended family and particularly grandparents can be a very important part of a child’s life and can play an important role in the
2 min read


DE FACTO PARTNERS
The court will look at a number of circumstances to determine whether a de facto situation is in place, including the intermingling of your
2 min read


SEPARATION & DIVORCE
A separation occurs when one of the parties ends the relationship. Often, they will communicate their intention to leave and other times wil
2 min read


SEPARATING PROPERTY
If you are able to come to an agreement about how to divide the property, it is important to remember that “hand shake agreements” are not r
3 min read


DIVORCE CONT.
You don’t need to process a formal divorce through the courts before you can commence a property settlement.
2 min read


DIVORCE
As long as the parties have been living separately and apart for a period of at least 12 months the only ground that you need to establish i
2 min read


PRE-NUPTIALS
There are very strict guidelines dealing with the making of these contracts. If they are not followed, the pre-nups can be challenged and o
2 min read
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