Self-Managed Superannuation Funds in Family Law Disputes The rules of compliance for self -managed superannuation funds (SMSFs) are heavy. Many mums and dads who are members or trustees of such funds, are not aware of what they need to comply with, and can make innocent mistakes...

Applying for a passport for a child without both parent's consent An application for an Australian passport for a child has required the consent of both parents. However, for a variety of reasons, sometimes it is not possible to obtain the consent of both parents (especially...

Social media and family law: The impact on parenting proceedings   One increasingly popular form of evidence in parenting proceedings is that which is obtained via social media. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence...

How is superannuation dealt with in family law? Superannuation is treated as property and can be divided between the parties after the breakdown of a marriage or the breakdown of a de facto relationship.  Rather than cashing out the super is "split" and assigned to the...

Help! My ex-partner has kidnapped our child! Will the police help? The short answer is no. Clients often come to us stating that their partner has taken the child and that the police won’t help. In most instances a parent taking a child is not considered ‘kidnapping’...

Settling out of court after separation – what are your options? Once a train speeds up momentum is run-away- it is very difficult to stop. It’s the same with court cases.  In the case of litigation, especially family law matters it really is a case of...

Are they actually enforceable? Before the year 2000 you could not enforce Prenups or Financial Agreements made outside court – you simply couldn’t contract out of the Family Law Act entitlements. These days Binding Financial Agreements including Prenups are made all the time,  and provided that they...

There are two types of Intervention Orders for personal protection- family violence and personal safety. Family violence orders or Intervention Orders are applied for in situations which have involved actual violence or the threat of family violence. Personal Safety is applicable to situations where stalking, harassment or...

Family Law Orders can counteract Fake Transactions  Under Section 106B of the Family Law Act, the Family Law Courts have power to set aside, cancel (or restrain) the making of a transaction by a party to proceedings, which is made or proposed to be made to  defeat the interest...

Intervention Orders - What to do if you are served with one Breaching an intervention order is a criminal offence, with a maximum penalty of 2 years imprisonment or a fine up to $24,000, or both Many intervention order matters will arise out of a related...

Many family law clients come to their lawyers with incorrect assumptions about their rights, and their ex- spouse's rights after separation. Here are some of the most common myths, questions and answers: Myth 1. "If I move out  I lose my entitlement to the house/  I...