In recent years, there has been a notable increase in what is often referred to as ‘grey divorce.’ This term […] The post Older Australians and ‘grey divorce’ appeared first on Nicholes Family Law ..read more

After a relationship ends, one of the primary concerns our clients face is how to sustain themselves financially and maintain their lifestyles. In situations where our clients cannot adequately support themselves following a relationship breakdown, they may be entitled to receive spousal maintenance from their former partner or vice versa. Spousal maintenance refers to the provision of financial support from one spouse or de facto partner to their former partner following the breakdown of marriage or a relationship. Spousal maintenance is provided in circumstances where one partner has relied ..read more

The Family Law Amendment (Information Sharing) Act 2023 (Cth) (‘the Act’) is a pivotal legislative measure designed to protect children from family violence, child abuse and neglect. It facilitates improved communication among the Courts, child protection agencies, and the police to enhance the protection of vulnerable children. The Act achieves this by repealing section 69ZW of the Family Law Act 1975 (Cth) (‘Family Law Act’) and introducing a new Subdivision, which came into effect on 6 May 2024. The amendments are based on the findings of the Australian Law Reform Commission’s (‘ALRC’) 2019 ..read more

Have you ever wondered whether children can be independently represented during family law parenting proceedings? The answer to this question is yes. In some matters, a legal representative, namely an Independent Children’s Lawyer (‘ICL’) will be appointed to represent the child’s interests. This is consistent with the overarching principle upheld by the Federal Circuit and Family Court of Australia (‘the Court’) in all parenting matters, which prioritises the ‘best interests of the child.’ In what circumstances will an ICL be appointed? An ICL will not be appointed in all matters involving ch ..read more

Celebrating wonderful, brave and inspiring women was the focus of the Nicholes Family Lawyers’ International Women’s Day (IWD) breakfast, held at the firm’s Melbourne offices on 5 March 2024. In response to the IWD 2024 theme of “Inspiring Inclusion”, guest speakers The Honourable Justice Jennifer Coate AO, Lesley Podesta and Jade Blakkarly shared personal stories and insights into how to inspire inclusion. Nicholes Family Lawyers founder and Managing Partner Sally Nicholes moderated the event. The Honourable Justice Jennifer Coate AO The many achievements of The Honourable Justice Jennifer Co ..read more

According to the Australian Bureau of Statistics’ Personal Safety Survey, over a quarter of women have experienced family violence since the age of 15, and data from the Crime Statistics Agency indicates that the rate of family violence in Victoria is gradually increasing. The Federal Circuit and Family Court of Australia (FCFCOA) has observed this high prevalence within the family law matters before it. Initial Court data at the point of filing has revealed that between 2022 and 2023, 83 percent of parties in family law matters alleged that they had experienced family violence. One way that t ..read more

Following the Australian Law Reform Commission’s 2019 Inquiry into the Family Law System, the Family Law Act 1975 (Cth) (‘the Act’) has been subject to review by the Parliament for potential amendments. One area of reform currently before Parliament is the consideration of family violence within property settlements.  In determining property settlements post separation, the Federal Circuit and Family Court of Australia (‘the Court’) must assess the contributions of each party to the property pool. This requirement is set out in sections 79(4) and 90SM (4) of the Act for marriages and de f ..read more

On 19 October 2023 the Australian Federal Parliament passed the Family Law Amendment Bill 2023 (‘the Bill’) which, following the granting of Royal Assent, is expected to be given effect May 2024. The Bill contains a number of reforms to Australia’s family law system with the aim of ensuring that the system is simpler, safer, and more accessible for separating families and their children. One of the most significant reforms is the repeal of the presumption of equal shared parental responsibility and the related mandatory consideration of time provisions, which have led to equal time orders in m ..read more

Pets are often an important part of the family. As of 2022, it is estimated that there were 29 million pets across 69 per cent of all Australian households. Naturally, when couples separate one of the emotionally fraught issues can be who gets the pet. These tensions can also be exacerbated for the one in four couples who do not have children. Legal position in Australia Under Australian family law, pets are classified as personal property and therefore become part of the asset pool in property settlements. This means that pets are treated in a similar way to other household items that need to ..read more

Implementing the legislative recommendations of the Victorian Inquiry into Anti-Vilification Protections, the Department of Justice and Community Safety (“DJCS”) is seeking to strengthen current protections against hate and violence by reforming anti-vilification laws. Victorians have been invited to have their say on the issue by making submissions on the proposed reforms to the DJCS. What is the current stance towards vilification and hate speech in Victoria? The Racial and Religious Tolerance Act 2001 (Vic) (“The RRTA Act”) protects Victorians from hate speech or conduct due to their race o ..read more