ARTICLES

What happens when there is no agreement on the child’s surname?

The Family Law Act gives each parent parental responsibility for their children, which includes all of the duties, powers, responsibilities and authority which, by law, parents have in relation to children. It is clear that one such area of authority is the capacity to give the child a name. Indeed, parents are under an obligation to name their children both by operation of local statute and international law. Read More

“50/50” – What does it Really Mean After a Separation?

Frances Edwards, an accredited family law specialist at the firm, Edwards Family Lawyers, is of the view that the family law reforms regarding parenting arrangements for families after separation have lead to confusion, misconception and, in some cases, unnecessary litigation. Read More

Children Behaving Badly: Estrangement & Family Provision Claims

It is often a strongly held community view that in circumstances where a child is estranged from their parents, or has behaved badly toward them, that parent is entitled to leave that child out of their Will, or reduce any provision they may otherwise have made. Read More

Companies, Trusts and Third Parties in Family Law

Whilst a company is a separate legal entity, parties in contested proceedings before the Family Court often make the mistake of assuming that matrimonial assets owned by a private company, or trust, are protected and quarantined from the property settlement between the parties. However, there are various ways for the Family Law Courts to exercise its jurisdiction over companies and trusts in which parties to a marriage or de facto relationship have an interest. Read More

Facebook, Family Law and Paternity

Australian Courts are keeping up with technological advances. The most popular social networking site, Facebook, currently with 500 million active users, has recently been used by the Federal Magistrates Court as a tool for serving legal documents.

In the April 2010 decision of Byrne & Howard, Federal Magistrate Stuart Brown allowed a paternity test order to be served via Facebook upon a man, who is the alleged father in child support proceedings. Read More

How Much Child Support Will I have to Pay?

This is a question that is often asked by parents when they have separated. The answer is different for every family.

Examples of factors that will affect the Child Support that you pay or receive include the number of nights the children are in your care and each parties’ incomes. Read More

International Child Abduction

The European Court of Human Rights (ECHR) in July this year has caused much controversy in a decision handed down by the Grand Chamber concerning an international child abduction case.

The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) applies to cases involving children that have been wrongfully removed from one signatory state to another, contrary to the custodial rights applicable to the child. Read More

Overseas Assets in Family Law Property Disputes

Parties to an agreed property settlement, or litigants involved in property proceedings before the Courts, must take into account and carefully consider any overseas assets or resources they have.

If you have overseas assets or resources, they must be disclosed to the other party.  The Australian Courts can make Orders which are binding on a party to the proceedings to deal with overseas assets and resources in a particular way, or the Court may make Orders which take into account the existence and value of the assets overseas. Read More

Watch List Orders: How to Stop Your Spouse Taking The Children Overseas Without Consent

A common dispute amongst separated parents is the question of overseas travel with the children.

This can be a particularly serious and contentious issue in circumstances where the proposed travel is not consented to by the non-travelling parent and there is a genuine fear that: Read More

What Happens to my Superannuation or Pension After Divorce/Separation?

When parties separate or divorce, a major consideration will be the division of assets. Many people who seek legal advice on property settlement issues after the breakdown of their relationship or marriage are often unaware that superannuation, retirement or pension funds, whether held in Australia or overseas, could be considered an asset and be subject to Australian splitting Orders or other types of splitting or sharing Orders obtained overseas. Read More

Marriage Separation: Legal Guidance and Practical Steps

Separation can be a challenging experience for couples, presenting both emotional and practical considerations. In Australia, the law requires a 12-month separation period before a divorce application can be filed, though the separation itself does not have a formal legal process. Read More

De Facto Relationships in Australia: Legal Rights and Obligations

In Australia, de facto relationships are governed by the Family Law Act 1975, which outlines the rights and responsibilities for individuals in these relationships. The law provides guidelines for de facto couples regarding property division, financial support, and matters relating to children. Read More

Divorce in Sydney: Essential Information and Guidance

Divorce is a life event that requires understanding of the legal processes involved. In Australia, the Family Law Act 1975 governs divorce proceedings, outlining the necessary steps that couples must take to legally dissolve their marriage. Individuals may file for divorce after 12 months of separation, a timeline that can be maintained even if the couple resides under the same roof. Read More

Conscious Uncoupling: Amicable Separations with Dignity

Conscious uncoupling refers to an approach where a relationship ends with an emphasis on minimising conflict and ensuring respectful communication. This approach may be considered by some couples when children are involved, as it aims to address their emotional and psychological needs during a challenging time. Read More

The Implications of Infidelity in Australian Family Law

Infidelity may have implications within the framework of Australian family law, particularly under the “no-fault” divorce principle established by the Family Law Act 1975. While infidelity itself may not typically affect the granting of a divorce or property settlements, it may influence how contributions to the matrimonial asset pool are assessed. Read More

Understanding Superannuation and Pension Assets in Divorce or Separation

Navigating the complexities of superannuation and pension assets during divorce or separation may be important for individuals in Australia. These financial interests, whether domestic or international, may impact property settlements. Read More

Superannuation and Divorce: Navigating Division in Family Law

In the event of a divorce or separation, superannuation may be considered an important asset under Australian family law. It may be treated similarly to other property and financial resources, but unlike other assets, superannuation is subject to legal regulations and typically cannot be accessed until retirement. Read More

Child Support Claims: Consultation and Representation Services at EM Family Law

EM Family Law offers consultation and representation services for child support claims in Sydney. Our team of accredited specialists understands that child support arrangements may vary depending on individual circumstances, including custody arrangements and parental incomes. Read More

Child Custody Arrangements in Family Law: Prioritising the Best Interests of the Child

Navigating child custody arrangements during separation can be challenging, with the child’s best interests being a key consideration. Many parents may resolve custody issues through informal agreements or consent orders. However, mediation or Family Court intervention may be required if disputes arise. Read More

Child’s Surname Disputes – Resolving Naming Conflicts with Expert Guidance

Disputes over a child’s surname may arise following separation or when parents have differing views about the child’s name or its significance. Under the Family Law Act 1975 (Cth), decisions relating to a child’s name fall under parental responsibility, which is typically shared equally by both parents, unless otherwise ordered by the Court. Read More

Parenting Plans vs Parenting Orders – Which is Right for Your Family?

When parents separate, establishing clear parenting arrangements is important for supporting the child’s well-being. Under the Family Law Act 1975, two options are available: Parenting Plans and Parenting Orders. Read More

Hague Convention on International Child Abduction and Human Rights: Key Legal Principles and Implications

The Hague Convention on International Child Abduction seeks to facilitate the prompt return of children abducted across borders and aims to restore custody rights to the appropriate jurisdiction. However, the European Court of Human Rights (ECHR) has provided further clarification on how decisions under the Convention should align with broader international human rights principles. Read More

Watch List Orders: Protecting Children from International Abduction

Watch List Orders, also known as Airport Watchlist Orders, are a legal mechanism to prevent a parent from unlawfully removing a child from Australia without the other parent’s consent. Read More

Understanding Property Settlements in Divorce: Navigating Complexities in the Australian Housing Market

Property settlements during divorce can be complex, particularly within the fluctuating Australian housing market. With fluctuations in property values and rising interest rates, it is important for individuals undergoing separation to understand how these economic factors may influence asset division. Read More

Family Law Mediation – A Collaborative Approach to Resolving Disputes

Family law mediation provides an alternative approach to litigation for resolving disputes, including child custody, financial settlements, and property division. A neutral third-party mediator facilitates open dialogue, helping participants negotiate agreements that aim to meet the interests of all parties. Read More

Understanding Companies, Trusts, and Third Parties in Family Law

Understanding the complexities of family law, particularly when dealing with companies, trusts, and third parties, is an important aspect of property settlements. Assets held by these entities may not be protected in family law proceedings, and it is important to understand the potential implications during a separation or divorce. Read More