Co-parenting can refer to the shared responsibility of raising a child by both parents, even after separation or divorce. In the context of family law, co-parenting ensures that both parents continue to play an active role in their child’s life, despite the breakdown of their relationship. It prioritises the child’s best interests, ensuring that they... The post Understanding Co-Parenting appeared first on Daykin Family Law ..read more

What happens when your ex-husband is delaying the property settlement? Or your ex-wife? We look to address this frustrating issue and provide practical advice on how to move forward. Understanding your rights and the legal options available can help you navigate this challenging situation. Understanding Property Settlement Property settlement refers to the division of assets... The post Ex Spouse Delaying Property Settlement? Here’s What You Need to Know appeared first on Daykin Family Law ..read more

Family law serves as a foundation in safeguarding the interests and rights of families during times of significant transitions. This branch of law deals extensively with issues that affect the core of family life, including marital arrangements, parental responsibilities, and the division of assets.  Understanding Family Law In Australia Family law is a critical branch of the legal system that addresses issues directly impacting individuals and families. Its primary aim is to resolve legal matters related to familial relationships, such as divorce, child custody (known as parenting a ..read more

Separation and divorce brings many challenges, especially when there are children involved. The Australian child support system is designed to facilitate appropriate contributions from both parents towards their children’s everyday expenses. Set formulas are used to determine how much child support a person will pay, based on several key variables. What is Child Support? Child support is a financial obligation paid by one parent to the other, aimed at contributing to the everyday living expenses of their children following separation or divorce. Its core purpose is to ensure that children ..read more

Binding Financial Agreements (BFAs) offer couples and separated couples a sense of certainty and control over their financial matters. These agreements, often set up before or during a marriage, as well as after separation, can regulate finances during the relationship and/or outline the distribution of assets and financial resources, among other things, in the event of separation or divorce. Designed to provide clarity and prevent disputes, BFAs are essential for some in planning the financial aspects of the breakdown of a relationship.  What is a Binding Financial Agreement? A Bind ..read more

Questions around the process of child custody mediation are often asked by our clients. We all know that going through a divorce is tough – for you, your ex-partner, for the children and wider family. When emotions are high and the future is uncertain, there can be a significant amount of conflict that arises in the decision making process, leading one or both partners to find themselves unable to compromise or reach a decision in the best interests of the children. In Australia, as discussed in our recent child custody blog, the Family Law Act 1975 (Cth) suggests first and foremost that cou ..read more

Navigating family disputes can be overwhelming, with emotions and legal complexities making the journey challenging. However, family law is not only about legal battles; it’s also about preserving relationships while addressing concerns and goals, and this is where collaborative practice can help.  Collaborative practice is a process of dealing with these complex issues in a way that focuses on co-operating towards a desired outcome. It really shines when it comes to family law, as it values empathy, understanding, and mutual respect over adversarial interactions. What is Collaborative ..read more

On October 11 2023, the Queensland Government, under the leadership of the Palaszczuk administration, marked a significant milestone in the battle against domestic, family, and sexual violence by introducing landmark legislation that will make coercive control a criminal act in Queensland.  The bill, known as the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023, comes in the wake of recommendations from Queensland’s Women’s Safety and Justice Taskforce.   In a public statement, the Queensland Government stated that the offence o ..read more

In this article, we look at how long it takes to get divorced in Australia.  Divorce can be a complicated process to navigate as it requires legal procedures and paperwork. While the standard divorce process in Australia usually takes a few months to be finalised after submitting an application, the total duration of divorce proceedings and everything that they entail can vary significantly as there are many factors that come into play. Factors That Influence the Duration of a Divorce The legal framework in Australia provides certain guidelines and timelines for divorce, but individua ..read more

In this article, we look at how assets are divided in a divorce in Australia.  Navigating the challenging path of divorce is difficult enough without the added worry of how assets will be divided, which can be a mystery for many. This crucial process, often marred by emotional turmoil and tension, is of immense importance as it can significantly impact the financial stability of each party involved.  In Australia, the law provides specific guidelines in essence on asset division in the event of divorce or de facto separation. It’s a fairly complex process, more complex than many th ..read more