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…
Protecting Business Interests in Family Law Matters
Family law issues, such as divorce or separation, can be more than just personal battles; they can send shockwaves through a business, potentially impacting its operations, cash flow, and long-term viability. Disruption can stem from a relationship breakdown between business…
The Family Business and Property Settlements: Why Valuations Matter
Separating couples involved in a family law property settlement are often under emotional and financial pressure. When one or both parties are involved in a business, this can add additional stress and complexity to the division of property. A business…
Dying Intestate: Why Not Having a Will Can Harm Your Estate
Dying intestate, or passing away without a valid Will, determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member, trusted friend or professional to administer your estate (your executor), nominate guardians for…
Divorce, De Facto Relationships, and Superannuation Splitting Explained
Once a couple is separated, their superannuation (super) is treated as property under the Family Law Act 1975 (Cth) and the value of the couples’ super benefits will be taken into account when determining a property settlement. Laws regarding super…
Moving in Together: What It Means for De Facto Relationships
Just because a couple is living together it does not automatically mean they are in a de facto relationship. There are many different factors in determining whether two people are living in a de facto relationship, such as whether they…
Family Law Reform – What You Need to Know
The Australian Parliament has recently passed significant changes as part of the Family Law Reform system aimed at ensuring that the best interests of children are at the centre of all parenting decisions. These amendments aim to foster a more…
What Happens to a Family Business after a Couple Separates?
Divorce is almost always a difficult and disruptive life event. For couples who own a family business, what happens to a family business after a couple separates often becomes a central point of contention during divorce proceedings. In Australia, a…
Will Contests and Estate Disputes – an Overview
In Australia, legal avenues are available for individuals facing Will Contests and Estate Disputes. Although regrettable, such disputes are often unavoidable and sometimes essential to ensure fair outcomes. Understanding these legal processes and the reasons estate disputes arise can help…