While mediation is strongly encouraged in Australia to resolve disputes, it is ultimately voluntary.  Refusing mediation won’t directly lead to a negative outcome in court. However, the court expects parties to have genuinely considered mediation as an alternative to litigation.  If you refuse to mediate without a valid reason, the judge may question your willingness … If I Refuse Mediation Will It Go Against Me in Court? Read More » The post If I Refuse Mediation Will It Go Against Me in Court? appeared first on Justice Family Lawyers ..read more

Entering a second marriage often represents a beautiful new chapter, but navigating family finances and inheritance can get complicated.   Australian law ensures a surviving spouse has a strong claim, but how do these rights impact children from a previous marriage? This blog explores the legal matters involving second wives, offering clear explanations and practical advice.  … Second Wife Inheritance Rights Australia Read More » The post Second Wife Inheritance Rights Australia appeared first on Justice Family Lawyers ..read more

The Rice v Asplund test is pivotal in determining whether existing child custody and parenting orders should changed.  This test originated from a landmark 1979 case in Australia, where the courts set a precedent on the standards required for reopening cases concerning child custody arrangements.  This blog post explores the origins, criteria, and implications of … What is the Rice v Asplund Test in Family Law? Read More » The post What is the Rice v Asplund Test in Family Law? appeared first on Justice Family Lawyers ..read more

Enmeshment in family law refers to a complex psychological dynamic that often surfaces during family legal disputes, especially in custody battles and divorce proceedings.  In Australian family law, understanding the concept of enmeshment is crucial for both legal professionals and families involved, as it can significantly impact the outcomes of cases and the well-being of … Enmeshment Family Law: What You Should Know Read More » The post Enmeshment Family Law: What You Should Know appeared first on Justice Family Lawyers ..read more

Yes, it is possible to set aside consent orders in family law, but it can only be done under specific circumstances and usually requires demonstrating a valid legal ground. Consent orders, which are agreements formally approved by a court and thus carry the same legal force as a judge’s ruling, are generally considered final. However, … Setting Aside Consent Orders Family Law: Is it Possible? Read More » The post Setting Aside Consent Orders Family Law: Is it Possible? appeared first on Justice Family Lawyers ..read more

Generally, once the consent order is paid for and officially filed, it can take a few weeks to several months for the court to review and approve it.  The time it takes for a consent order to be sealed can vary depending on several factors, including the complexity of the agreement and the court’s workload.  … How Long for Consent Order to Be Sealed Read More » The post How Long for Consent Order to Be Sealed appeared first on Justice Family Lawyers ..read more

Yes, a consent order is legally binding in Australia. It is a written agreement approved by a court, typically used in family law matters such as the division of property or arrangements regarding children after a separation. Once the court approves a consent order, it has the same legal effect as a court order made … Is a Consent Order Legally Binding? Read More » The post Is a Consent Order Legally Binding? appeared first on Justice Family Lawyers ..read more

Australian family law emphasises ‘parental responsibility’, which pertains to all duties, powers, responsibilities, and authority parents have concerning their children. After separation, both parents retain this responsibility unless a court order states otherwise. Ideally, both parents should agree on major decisions, including relocating or travelling interstate with the child. Steps to Take If a Separated … Can a Separated Parent Take a Child Out of State (NSW) Read More » The post Can a Separated Parent Take a Child Out of State (NSW) appeared first on Justice Family Lawyers ..read more

In the landscape of Australian family law, few cases have sparked as much debate and discussion as Thorne v Kennedy. This case, which reached the High Court of Australia, centred around the validity and enforceability of prenuptial and postnuptial agreements. It has since become a pivotal reference point for legal professionals, prenup lawyers and individuals … Thorne v Kennedy: 4 Key Ramifications Read More » The post Thorne v Kennedy: 4 Key Ramifications appeared first on Justice Family Lawyers ..read more

In Australia, divorcing couples often face the daunting task of dividing their assets and liabilities. One common scenario is the 80-20 divorce settlement, where one party receives 80% of the marital assets while the other receives 20%. An 80/20 split divorce property settlement typically occurs when there’s a significant disparity in the spouses’ financial contributions … 80/20 Split Divorce Settlement in Australia Read More » The post 80/20 Split Divorce Settlement in Australia appeared first on Justice Family Lawyers ..read more