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Can you be separated and live under the same roof?

Before a person can apply for a divorce they have to be able to establish to the Federal Circuit & Family Court of Australia that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the marriage have...

Bankruptcy and family law proceedings

Dividing property after partners separate is generally stressful, with each party concerned about his or her financial future. The bankruptcy of one party adds a further dimension of complexity to a family law property settlement. Even partners whose relationship is...

What happens when parenting orders are ignored?

Separating parents must arrange for the future care, welfare and development of their children. These arrangements may be formalised in parenting orders which are endorsed by the Court. Where the parties are unable to agree, the Court will impose orders. In all cases,...

Can I secretly record my spouse?

We’ve all had times when we can’t recall a conversation someone else swears we had. Often, one person in a relationship is more adamant about their memory than the other person. Usually, those mini-disputes are minor blips in an intact relationship. But what if it’s...

‘Divorce’ explained for de facto partners

Unlike married couples, de facto partners cannot apply for a divorce when their relationship breaks down. Their property affairs and arrangements for the future care of their children however may be finalised by agreement, with the assistance of their legal advisors...

Attending Compulsory Family Dispute Resolution – what to expect

Separating couples should make reasonable attempts to agree on the future living arrangements, care and responsibility for their children. The Family Law Act 1975 (Cth) provides that unless there are extenuating circumstances, family dispute resolution is compulsory...

Affordable break-ups – the sensible approach to dividing property

If you have recently separated, one of the concerns you will probably have is the size of your legal bill after your property matters are sorted. Below are our top tips for keeping your family law property costs down without skimping on sound legal advice. Tip 1 – do...

Family Law and co-parenting in difficult times

The coronavirus (COVID-19) has brought additional stress and uncertainty to many families involved in co-parenting which, by its nature, can be stressful enough. School closures, state and territory border closures, additional pressure on healthcare workers and...

Where do the kids live after separating?

The concept of shared parental responsibility Many couples are able to agree on arrangements for the ongoing care of their children after they separate. These arrangements can be documented through parenting plans or formalised in consent orders without the need to...