Estate disputes are surprisingly common in Australia, particularly in relation to a family provision claim. Laws across different jurisdictions allow eligible individuals to challenge a deceased’s Will if they believe they have not been adequately provided for. In such cases,…
Negotiating Parenting Plans: Where Do the Children Live After a Family Breakup?
Separation and divorce are a reality for many Australian couples. When children are involved, the impact on the family can make the aftermath of a breakup even more overwhelming. Parents will often be anxious about how children’s care arrangements will…
When ‘The Bank of Mum and Dad’ Gets Caught in a Breakup
Separation is a tough time for everyone involved, and one of the most common complications is dividing money and assets. This gets particularly tricky when the Bank of Mum and Dad in Australia has helped their adult children financially, often…
Beyond the Basic Will: When You Need a More Complex Estate Plan
A Will is one of the most important documents you will ever sign. For many Australians, a simple Will, leaving everything outright to a spouse or dividing it equally among the children does the job adequately. It provides clarity and…
The Relevance of a De Facto Relationship in Australia
Australian society has long recognised the existence of non-traditional domestic partnerships. This has been reflected across various laws, with de facto relationships holding significant weight from a legal perspective. This can be a confusing area, especially when it comes to…
Family Law Changes: Property Settlements
Recent Family Law Act changes property settlements, predominantly focused on financial matters, are now operational. The amendments aim to make the process of dividing property fairer and more transparent, especially for those who have experienced family violence. If you’re in…
HECS/HELP Debt and your Family Law Property Settlement
Understanding how your finances will be divided after a divorce or separation can be complex. In Australia, where pursuing higher education is common, many couples grapple with how HECS/HELP debt is treated during a property settlement. What is HECS/HELP? HECS/HELP…
Top 7 Questions about Family Provision Claims in NSW
When someone passes away, questions about inheritance naturally arise. In cases where someone has not been adequately provided for following the death of a loved one, Family Provision claims exist to help make the situation fairer. This article discusses some…
Getting Interim Orders in the Family Court
Separated couples unable to resolve matters regarding parenting and finances through mutual agreement can apply for Interim Orders in the Federal Circuit and Family Court of Australia. Interim Orders are “temporary orders” and are usually made as a matter of…
The Importance of Estate Planning Before Capacity Becomes an Issue
We should all plan for our future. Certainly, we should all have a current will, especially those of us who need to make special arrangements for the care of children or pets. Many of us would also benefit from making…