Separated parents often face the challenge of arranging holiday schedules for their children. In this article, we provide practical advice on negotiating Christmas parenting arrangements and explain the key deadlines for court applications to ensure a joyful holiday season. Read More
Earlier this year, we published an article on family law and reproductive rights and specifically, whether a termination of pregnancy can be the subject of an order by the Family Court. Pregnancy can also interact with matters of family violence. Women are at an increased risk of family violence whilst they are pregnant. Where there is already family violence within an intimate relationship prior to pregnancy, the severity of violence will likely increase during the pregnancy. Women may also be subjected to family violence that specifically relates to the pregnancy itself. Read More
Many people assume that two people are only in a de facto relationship if they have lived together for a certain period of time. However, the legislation is actually far more complex. As a result, is not uncommon for people to be unsure as to when a relationship is legally considered to be de facto and what may happen if it breaks down; will they each walk away with their separate assets, debts and superannuation or can the other person seek orders under the Family Law Act 1975 which might include a division of those separate assets, debts and superannuation and even spousal maintenance? Read More
The Bank of Mum and Dad refers to parental funding. It’s common for parents to want to help their children get a head-start in life, if possible, by advancing money for them to buy their first home. This article examines the risks to the parents from a property law and a family law perspective. Read More
Many Australians are aware of last year’s US Supreme Court decision to overturn the landmark 1973 abortion case Roe v Wade and the affirming case of Casey v Planned Parenthood decided in 1992. When Roe v Wade was decided, it sent ripples across the globe and widely influenced changes to reproductive freedoms. Naturally, as a result, people are turning their attention to what impact the overturning of Roe v Wade might have on abortion rights locally. What is the current abortion law in Australia? Read More
Spousal maintenance is a payment (or multiple payments) by one spouse to the other (financially dependent) spouse as required for them to meet their ‘reasonable living expenses’ where they are unable to do so following their separation. It is paid in addition to child support and any property of the marriage that the financially dependent spouse may receive on the basis of their contributions and future needs – and is often necessary in the interim because such division of property is yet to be determined and transferred or paid to the financially dependent spouse. Read More