Does a Trust Protect Your Assets?
Asset protection has long been a motivating factor in the establishment of discretionary trusts within Australia. It is often assumed that establishing a trust can protect certain assets from claims by third parties, including spouses upon the breakdown of a marriage or de facto relationship.
Supporting families navigating the post separation FIFO landscape
Supporting families through the complexities of separation in FIFO and DIDO industries, this article explores parenting arrangements, property considerations and practical legal guidance tailored to the unique demands of FIFO work.
When Family Law Intersects With Farming In Rural Enterprises
An overview of family law disputes involving farming and rural enterprises, covering property division, trust structures, valuations, succession challenges and parenting considerations. Exploring the legal and practical complexities unique to rural property settlements in Queensland, where business, family legacy and livelihood are deeply intertwined.
Binding Financial Agreements Myth-busting Edition
Learn the truth about Binding Financial Agreements in Australia. This myth busting guide explains pre nuptial agreements, legal requirements and common misconceptions.
Ways to Protect Your Heart and Your Assets This Valentine’s Day Family Law Advice
Dating is scary. Losing your assets is scarier.
If you haven’t already booked a table for Valentine’s Day, let this be your gentle reminder to do so. While Valentines Day is a day all about romance, flowers, chocolates and candle-lit dinners, it’s also a good opportunity to pause and think about something slightly less exciting, but incredibly important. That is protecting yourself financially.
Property Settlements and the Hidden Value of Earning Capacity
Understanding how the Family Court of Australia approaches property settlements is essential. It can help manage expectations, minimise conflict, and ensure a fair outcome.
How Domestic and Family Violence Is Considered Within Property Settlement Proceedings
A party’s entitlements with respect to a property settlement are determined under the principles set out in the Family Law Act 1975 (Cth) (“the Act”). While the Family Courts retain broad discretionary powers guided by the specific facts of each case, their discretion must be exercised in accordance with the Act.
Pets & Property Settlements
One aspect of your separation which you may not have considered is “What happens to our pets when we separate?” With many Australian families treating their pets like their own children, the law has finally evolved to recognise their importance.
What is an Independent Children’s Lawyer
When parents separate, the Federal Circuit and Family Court of Australia prioritises the best interests of the child when making decisions about parenting arrangements.
How to prepare for your first appointment with your Solicitor
Meeting with a family law solicitor for the first time can be overwhelming for some and many people are unsure about what they should prepare and bring with them to their first appointment.
There are certainly things that you can do to make it easier for us to help and provide you with advice during the first appointment. Of course, there may be some information that you are unsure of or simply do not have. This is also okay and is usually not a reason to delay or put off going to see a solicitor.
Read our guide to information and/or documents that could be helpful to provide to your solicitor at your initial appointment.
We have reached an agreement, now what?
We see a lot of clients who have gone through an amicable (as much as it can be) breakup and have been able to reach an agreement with their former partner with regards to splitting up their property and making arrangements for the care of any children. And this is a great outcome for everyone except when something happens and the agreement is not adhered to or someone wants to change things. How do you protect your interests once you have reached an agreement?
How can I resolve my family law matter without going to Court?
If you and your ex can solve the problem without going to Court, then you have a hand in the solution. You each have a say. You can be heard. You each have some control over the outcome. If the two of you reach a solution, you are much more likely to do what you agree to do.
Do grandparents have “rights” when it comes to children after a family separates?
A question commonly asked is “What rights do I have as a Grandparent?” The short answer is that grandparents do not have an automatic right to see their grandchildren. However, children have rights.
In Sickness and in Health
How can you look after your loved one when they lose capacity? What would happen if your husband or wife (or that other special person in your life) suddenly lost the capacity to look after themselves? Do you know what they would want you to do for them?
What happens to the family home?
When parties separate, there is often a dispute over the family home. In most cases, the family home is often the major asset in the property pool, together with superannuation. The family home is identified and valued with all of the other assets owned by the parties. This takes place as part of the process of working out what is available for division between the couple.
The Do’s and Don’ts of DIY Divorce
People often tell us that they want a “divorce”. This word is often used interchangeably by people who actually want a property settlement, or a parenting arrangement. In fact, the process of divorce is quite different to a property settlement or parenting dispute and is treated differently by the Courts.
We are in love, what could possibly go wrong…
The consequences of contracting an STD can have a significant impact on your financial health both in the short and long term. Just because you are in love, doesn’t mean you can’t protect your financial health from Sexually Transmitted Debt.
Domestic violence and how to obtain protection
Domestic violence and family violence is defined to include:
physical abuse;
damage to a person’s property;
emotional abuse;
economic abuse; or
threatening or coercive behaviour.
Does the Court consider a child’s wishes in parenting matters
When we talk to separated parents, we often hear that the children said they want to live with our client. But what weight does a Judge give to a child’s wishes and how do you put those wishes into evidence?
The 5 Step Process
Following your separation, you may find yourself asking “what am I entitled to?” or friends and family asking you “how much will you get?”. There is no ‘one size fits all’ answer to this question, and the answer will depend on a range of factors specific to the individual circumstances of your case.