Separation, whether in marriage or a de facto relationship, can present emotional challenges and overwhelming feelings. In such difficult times, it is crucial to understand practical steps to protect yourself and your children, even if the separation is amicable. We recognise the complexities involved in separation, and our research provides an inclusive checklist to guide you through this process and make it more manageable. This checklist is not exhaustive, as everyone’s circumstances are unique. However, implementing these practical steps can provide a starting point for important tasks dur ..read more

When it comes to family law, one of the most critical responsibilities for both parties involved is the duty of full and frank financial disclosure. However, despite its significance, many individuals and even some practitioners are unaware of the precise requirements of this duty. This article aims to shed light on the duty of full and frank financial disclosure and its implications in property cases under the Family Law Act (Cth) 1975. What Are The Origins Of Duty Of Disclosure? The duty of full and frank financial disclosure originates from three main sources: the Family Law Rules (Cth) 200 ..read more

When considering applying to the Federal Circuit and Family Court of Australia for financial orders, knowing the pre-action procedures required before starting a case is essential. This article provides information on what you need to do before going to court, as outlined in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Pre-Action Procedures For Property Settlement After Divorce & Separation The primary objective of the pre-action procedures is to encourage dispute resolution through negotiation and narrow down the issues that require a court decision. By doing ..read more

Divorces can be tough. With that said, if you prepare for yours, get expert legal help and know exactly what to expect, it can make the process less stressful and perhaps even preserve your relationship in the future.  To get you started here are four things you need to know before filing for divorce.  1. Your divorce won’t include financial and parenting arrangements Divorce refers only to the process of legally ending your marriage. Splitting assets and finances, financial support arrangements and making plans to care for children are separate processes that won’t be dealt with a ..read more

There’s no doubt, divorce can be a very difficult time. Which is why if you’re going through one it’s a good idea to ensure the process is as stress free and cost effective as possible.  The best way to do this is to focus on reaching an amicable agreement with your ex-partner outside of court. If this is possible you’ll avoid the stress and expense of family court and most likely have a better relationship moving forward. Reaching a divorce agreement outside of court If you and your partner have both agreed to end your marriage then in most cases you will not need to attend court to fi ..read more

Going through separation, divorce, and attending family court is difficult and confusing for most people. During this time there are so many details to consider that it can add to the strain of an already stressful experience.  To help clear the way, we’ve created a thorough checklist for divorcing in Australia. Get support right away Divorce can be an incredibly emotional and stressful time for you and your family. As soon as you separate with the intention to divorce it’s a good idea to get support from experienced family lawyers, accountants and a psychologist if you’re struggling wi ..read more

Splitting assets and finances after a separation or divorce can be difficult – especially if one partner is financially vulnerable or unable to support themselves. In those cases spousal maintenance may be required by the family court.  Let’s take a closer look at what exactly spousal maintenance is and what it means for you.  What is spousal maintenance in Australia?  Spousal maintenance is financial support paid by one spouse (or ex-spouse) to another who is unable to ‘meet their own reasonable expenses from their personal income or assets’. These payments usually continue f ..read more

The end of any relationship can be incredibly difficult. And unfortunately, divorce can also have negative financial implications for both parties – for years afterwards (or even the rest of your life).  With that in mind, to help you navigate life after divorce we’ve taken a closer look at how splitting up can affect your financial health – and what you can do about it.  The financial effects of divorce Research by the Australian Institute of Family Studies has shown that divorce negatively affects income later in life for most people. In fact, older divorced Australians who have ..read more

When you’re in the middle of a divorce it can be hard to think about the practical stuff – like dividing your assets – but it’s essential that you do. Discussing these matters with an experienced divorce lawyer as soon as possible will give you the best chance of a stress-free, fair settlement.  To help you get started we’ve created a guide to dividing your assets in a divorce, from filing for divorce, to binding financial agreements and division of assets. How are assets divided in Australia?  There is no one-size fits all formula for dividing assets during a divorce in Australia ..read more

Family Law Property Settlements – What Does the Family Court Consider When Dividing Property? Divorce or separation can be a challenging and emotionally draining time, especially when it comes to dividing assets and liabilities. In Australia, the Family Law Act 1975 (Cth) governs property settlements, and the Family Court follows a four-step process to determine a fair and equitable division of property. Understanding this process is crucial to comprehending why certain orders are made and why it is necessary to follow this structured approach. In this article, we will explore the four steps t ..read more