defacto relationship

Was I In a De Facto Relationship?

Was I In a De Facto Relationship? by Lajita Commonwealth laws for the division of property for people in de facto relationships that break down commenced on 1 March 2009.  Prior to 2009, the laws for division of property that were applied to a married couple did not apply to a de facto couple. The […]

tell the kids about our divorce

How Do I Tell The Kids About Our Divorce?

How Do I Tell The Kids About Our Divorce? by Lajita Children grow up surrounded by notions of what is “happily ever after” and what their family should look like and how they should behave. When parents fight or just don’t get along, although the child is sad, in most cases, they don’t conceptualise their […]

inheritance and property settlement

How Does My Inheritance Affect My Family Law Property Settlement?

How Does My Inheritance Affect My Family Law Property Settlement? by Lajita In 1999, Sunny and Ria met through a marriage maker. Sunny lived in India and over several months they communicated via Skype, telephone and email and decided that it was true love. Ria owned a modest but run down property in Frankston. The […]

Am I in a de facto relationship?

Am I in a de facto relationship? Am I in a de facto relationship?: The two year rule for Family Law, though many of these factors also apply to proving a de facto relationship between someone who has died and their surviving partner. Contact us to arrange a chat. It doesn’t hurt to ask.

Family Violence Intervention Orders

Family Violence Intervention Orders by Matthew Elvin. Family Violence Intervention Orders are intended to protect family members who are affected by family violence from the perpetrator of the violence. “Family violence” includes behaviour between family members which causes a family member to be fearful for his or her safety or wellbeing. It can include threats, physical abuse, […]

The Ins and Outs of Splitting Superannuation

Whether a superannuation split is to occur under an agreement or a court order, the first step is always to find out the relevant information of the parties’ superannuation fund(s).

I received a lump sum – will I get it back after separation?

“Direct financial contributions” are essentially any lump sum of money received during the relationship, such as worker’s compensation, inheritance and lottery winnings. As a basic rule, if you received a lump sum of money during the relationship then this will be Lump sum after separationconsidered your ‘contribution’.

My ex won’t let me go overseas with our child; what do I do?

If you do not have it, then you will need to apply to the Court for an Order permitting you to take your child overseas. If you are in possession of the child’s passport, unless the other parent makes an application to the Court to stop you from going overseas, then you technically have the option of simply going overseas without the consent of the other parent.

How does my inheritance affect my family law property settlement?

How does my inheritance affect my family law property settlement? by Matthew Elvin Inheritance does have an effect on the outcomes of Family Law property/financial cases. The timing of the inheritance is crucial. On the one end of the spectrum is inheritance received after separation, but before property settlement is finalised. In this case, you […]

Family Reports in Family Law Cases

At the first Court hearing in parenting cases, the Court will often order that the parents and the children attend an appointment with a Family Consultant for a family report.

What To Expect at Your First Family Law Court Hearing

What To Expect at Your First Family Law Court Hearing by Matthew Elvin At the first family law hearing, don’t expect to see witnesses cross-examined in the court room like on television shows. The first court hearing is more procedural, with the judge only usually making ‘interim’ orders. These only last until a final order […]

Separation and Same Sex Couples

There have been a number of significant changes in the law relating to de facto relationships and same sex couples in the last decade.

The Truth About Getting Divorced

If you have recently separated, you may think that getting divorced will sort out the financial and children’s issues between you and your ex-partner. Unfortunately, this is incorrect.

What To Do If You Don’t Think Your Family Law Property Settlement Is Fair

What To Do If You Don’t Think Your Family Law Property Settlement Is Fair by Matthew Elvin Have you ever separated from a partner, agreed to a family law property settlement with them, and then later decided that you shouldn’t have settled for so little? It may sound unlikely, but it’s not that uncommon. Separation […]