July 25, 2017
Property Settlement After Separation

Property Settlement After Separation: How Does a Disparity in Earning Capacity Affect the Division of Matrimonial Property When There Is Little Property to Divide?

Property Settlement After Separation: The Implications of a Disparity in Income When There is Barely Enough Property to Achieve Justice Between the Parties High-earning, asset-poor people […]
July 25, 2017
Divorce Settlement With Children

Divorce Settlement With Children: Do Child Support Payments Compensate the Custodial Parent for Raising Children?

Divorce Settlement With Children: Child Support Payments, the Care of Children and Their Affect Upon the Court’s Assessment of the Parties’ Financial Circumstances One of the […]
July 19, 2017
Property Settlement After Separation

Divorce and Financial Settlement: Difference in Income May Support an Adjustment in Favour of the Lesser Earning Party

Divorce and Financial Settlement: Is Financial Need a Requirement for an Adjustment on the Basis of a Difference in Income? A disparity in the parties respective […]
July 17, 2017
Divorce Settlement Advice:

Divorce Settlement Advice: Does Looking After Your Partner’s Children Matter in a Property Dispute?

Divorce Settlement Advice: Is Caring for Your Partner’s Children Taken Into Account in Property Proceedings? With the emergence of blended families, one issue that often looms […]
July 17, 2017
non-disclosure property family law

Family Law Property Proceedings: Non-Disclosure May Justify Findings in Favour of the Innocent Party

Family Law Property Proceedings: Non-Disclosure of Assets As has been stated elsewhere in this blog, non-disclosure by one party may result in factual findings favouring the […]
July 14, 2017
binding financial agreement

Binding Financial Agreements: What Is “Hardship” for the Purpose of Setting Aside a BFA?

Introduction Section 90K of the Family Law Act sets out a number of grounds upon which a binding financial agreement may be set aside. Among these […]
July 12, 2017
Child Emotional Abuse

Child Emotional Abuse May Justify a Change in Residence in Family Law Proceedings

Child Emotional Abuse: Managing the Risk Allegations of violence or child abuse often raise issues of whether the child would be exposed to an unacceptable risk […]
July 10, 2017
Need for Spousal Maintenance

Financial Separation From Spouse: Proving the Need for Spousal Maintenance and the Adverse Findings That May Be Justified When a Party Fails to Lead Available Evidence

Financial Separation From Spouse: Introduction In essence, the liability to pay maintenance arises from: the applicant’s inability to adequately support themselves; and the respondent’s capacity to […]
July 8, 2017
Marriage, Separation and Finances:

Marriage, Separation and Finances: Negative Contributions – Is There Such a Thing in Family Law Property Disputes?

Marriage, Separation and Finances: Family Law Property Disputes and Negative Contributions Property disputes occasionally involve a party who either deliberately or recklessly disposes of assets in […]
July 7, 2017
Divorce Settlement With Children

The Child’s Views: Are They Conclusive Evidence of the Child’s Best Interests?

Child’s Best Interests: Are They Merely a Reflect of the Child’s Views? The best interests of the chil are the paramount consideration when making parenting orders. […]
July 3, 2017
Divorce House Ownership

Divorce House Ownership: Maintaining Separate Finances Could Mean That You Keep Your Home

Divorce House Ownership: Why Stated and Unstated Assumptions About Property Matter In the vast majority of cases, the court will readily find that the parties held […]
July 2, 2017
Supervised Visitation

Supervised Visitation: When Might It Be Implemented on a Long Term Basis?

Supervised Visitation: A Long-Term Solution? Betros & Betros [2017] FamCAFC 90 is recent decision of the Full Court wherein the appellant father appealed from the trial […]
March 27, 2017
Divorce Settlement Advice:

Is a Child at Risk of Harm by Coming Into Contact With a Person Who Has a History of Serious Criminal Conduct?

Introduction Does the mere fact that a person with whom the child lives has a criminal record relating to serious offences expose the child to an […]
March 23, 2017
circumstances mother able to relocate child

Child Relocation: When Is It in the Child’s Best Interests?

Under What Circumstances Might a Party to a Parenting Dispute Be Permitted to Relocate With Their Child? As mentioned elsewhere on this blog, relocation matters do […]
March 22, 2017
non-disclosure property family law

Duty of Disclosure Family Law: The Court’s Approach to Non-Compliance in Property Proceedings

Duty of Disclosure Family Law: Dealing With Delinquent Litigants Parties to a property dispute are required to provide full and frank disclosures of their financial circumstances. […]
March 20, 2017
Divorce Property Settlement Guidelines

Divorce Property Settlement Guidelines: How Previous Decisions and Initial Contributions Influence the Court’s Assessment of the Parties’ Entitlements

Divorce property settlement guidelines: Divorce Property Settlement Guidelines: What Are the Boundaries of a Court’s Discretion to Make Orders Concerning the Division of Property? The court […]
March 20, 2017
Expert Witness

Assessing the Evidence of an Expert Witness in Parenting Proceedings: The Full Court Decision of Reeves & Grinter [2017] FamCAFC 19

What Is the Role of an Expert Witness in Parenting Proceedings? Reeves & Grinter [2017] FamCAFC 19 is a recent decision of the Full Court involving […]
March 19, 2017
child neglect

Child Neglect and Inadequate Parental Supervision: Can These Factors Be Mitigated by the Child’s Primary Attachment to the Perpetrator?

Child Neglect: Weighing the Evidence In formulating orders that reflect the child’s best interests, trial judges have a broad discretion concerning the weight they attribute to […]
March 18, 2017
children's rights

Children’s Rights: Protecting the Child From Physical and Psychological Harm in Family Law Proceedings

Children’s Rights Under the Family Law Act: Protection From Harm The child’s best interests are the paramount consideration in determining an application for parentings orders. Ascertaining […]
March 17, 2017
international relocation family law

International Relocation Family Law: Preserving the Child’s Relationships

International Relocation Family Law: Not a Special Category of Case As pointed out in a previous blog post, relocation matters do not constitute a special category […]