Defacto Relationships & Property Settlement
A de facto relationship, under the Family Law Act 1975 (Cth), occurs where two people – of any gender – are living together on a genuine domestic basis and are not married or related by family. The parties are also required to have a mutual intention of sharing a…
Who can give parental consent for a Covid-19 vaccination?
Family Law & the Covid-19 List
Covid-19 vaccinations are now available for children 5 and over as well as adults. Anyone under the age of 16 years must have parental consent to be vaccinated. Who can give this parental consent?
There is a presumption that both parents have equal shared…
COVID-19 Powers of Attorney
Many people are now self-isolating, in quarantine or receiving medical treatment due to COVID-19.
At a practical level it is becoming more difficult to “get things done”. We are also potentially moving towards further stages of government restrictions and social-distancing.
You make decisions and choices about how you spend and invest…
Top Ten Guide for Separated Parents during Covid-19
The Family Law Section has compiled these TOP TEN suggestions to help separated parents navigate this difficult time.
Separated parents experience both the joys and stressors of parenting. But additional pressures and stresses such as those associated with the Covid19 Pandemic can be hard to accommodate and provoke anxiety in…
5 Things to know when you are separating
Everyone knows the difficulties of divorce & separation. Here are 5 things to know when you are separating.
You heard about your best friend’s divorce and how horrible that was but you also heard about your family friend who had an easy separation. It’s a confusing area to navigate because…
5 Festive Tips
While it is the season to be jolly, Christmas and the New Year period is also a time of the year which carries its own unique legal issues and risks. Here are 5 quick legal tips to avoid an unwanted New Year legal surprise!
1. Work Injury
The lead up to…
The Surrogacy Bill – What you need to know
The Surrogacy Bill 2019 passed both houses on 31 October 2019. So now that the bill has passed what do you need to know?
The Surrogacy Bill 2019 passed both houses on 31 October 2019. So now that the Bill has been passed what do you need to know?
Trouble locating your Spouse for the purpose of a Divorce?
What happens if you do not know the whereabouts of your spouse when you are filing a sole application for Divorce.
When filing a sole application for Divorce (noting joint applications are possible too), you are required by the Court Rules to serve the sealed Application for Divorce on your…
Revocation: same-sex marriage and divorce
The historic change in the legal definition of marriage raises a number of issues in connection with estate planning including that of revocation by marriage.
Revocation means that the will is no longer valid and either occurs “voluntarily” or by “operation of law”.
A will may be revoked voluntarily by executing…
Legal Definition of Marriage
The legal definition of marriage in Australia has changed today. In a historic change to the Australian law, The Marriage Amendment (Definition and Religious Freedoms) Bill 2017 today received Royal Assent from the Governor-General Sir Peter Cosgrove as the final step to effect this change of law, amending the…
Collaborative Practice in Family Law
A separation or divorce is known to be one of the most difficult times a person can face. Along with the emotional impacts, a person may simultaneously face significant financial, property and parenting issues to be resolved with their former spouse.
It is not always possible for these issues to…
Transition to Aged Care
What to do if a family member wants to remain living at home.
The decision to move a family member or friend into aged care can be incredibly difficult and the process becomes more complicated if the person does not wish to make the move:
If the person is adamant…
Non-Parent Applications with Children
Are you able to seek Family Court Orders regarding the parenting of children?
The Family Law Act is the legislation under which the various limbs of the Family Law Courts make decisions regarding parenting Orders for children. However, the Applications are not limited only to the parents of children. A…
De facto relationships in Family Law Matters
A few years ago the Family Law Act was amended to include provisions for the division of assets in de facto relationships. In some cases, de facto relationships are easily identified, however unlike a marriage which is almost always undisputed, de facto relationships sometimes require effort first in proving…
Changes in Legislation for Recognition of Same-Sex Couples in South Australia
Same Sex Relationship Register
Last week, the South Australian Parliament approved legislation which would allow a register for same-sex couples to register their relationship with the state. This is likely to have a wide variety of implications for couples who chose to register their relationship, such as making it easier to…
A Child’s View in Family Law – Part 1
Are your child’s views relevant in family law proceedings?
Often when people attend to discuss issues pertaining to their children following a separation they will ask whether the Court considers a child’s views.
The short answer is that the Family Law Act considers a child’s views as one of the considerations…
Divorce FAQs #3
Do I have to attend the Divorce Hearing?
This depends on the circumstances of your marriage, specifically if there are children of the marriage and whether they are under 18 years of age.
If there aren’t any children of the marriage under 18 years, you are not required to attend the…
Do I need a will?
Many people are not aware of the complications and potential costs associated with dying intestate (without a Will) or the potential benefits of having a Will.
When a person dies without a Will they are said to die ‘intestate‘.
In these circumstances, the provisions of the Administration and Probate Act determine who can…
Divorce & Superannuation
One of the most common myths is the belief that superannuation is not included in the division of property for Family Law purposes.
In property settlements under the Family Law Act, superannuation is defined as “property” and therefore falls within the assets that will be considered by the Court when dividing…