Reopening final parenting Orders is challenging, as the Court is generally reluctant to do so unless a significant change in circumstances has occurred since the original Orders were made. The threshold test, established by the precedent case Rice v Asplund and now legislated in the Family Law Act 1975, requires the Court to be convinced that revisiting the case is in the best interests of the child. The Court carefully considers whether the changes justify altering the original Orders, and it's advisable to seek legal advice if you're unsure whether your situation meets the necessary criteria.

Parenting agreements for separated parents range from flexible verbal agreements to enforceable Court Orders. Verbal agreements offer the most flexibility but require good communication between parents. Parenting Plans serve as a documented middle ground, providing structure without being legally binding, but can guide future Court decisions. Parenting Orders are the most formal and enforceable option, suitable for situations with significant communication challenges between parents.

With the increasing cost of tertiary education, it is increasingly common to see property pools with significant HECS or HELP debt balances.  …

While the premise that a stepparent should receive an adjustment for their support of a non-biological child may seem unpalatable to some, …

With superannuation becoming an increasingly significant portion of many property pools, it is often the case that until a party has an …

In the unfortunate event that you find yourself in a position where you are considering commencing court proceedings, or you have found …

With the merging of the Federal Circuit Court of Australia and Family Court of Australia in 2021, the Court published a Central …

The Priority Property Pools under $550,000 List (PPP550 List) is a cost-effective solution provided by the Federal Circuit and Family Court of Australia for property disputes involving assets under $550,000 (excluding superannuation). This program simplifies the legal process by requiring only an Initiating Application and a PPP550 Financial Summary document for filing, reduces costs, and promotes efficient resolution. Parties receive court-issued Orders to exchange financial information and engage in dispute resolution without immediate courtroom appearances. If disputes persist, court-funded mediation and expedited proceedings ensure timely progress. However, cases with certain characteristics, such as entities requiring valuations or those seeking parenting or enforcement Orders, may not qualify.

Mediation is a form of alternative dispute resolution which practitioners and parties utilise with the aim to resolving a dispute without the …

If you have been married for less than 2 years when you file your Application for Divorce, you need to address one …

Is superannuation included in a property pool? This is a common question in family law. The answer is yes. Superannuation is recognized as property under the Family Law Act 1975, which means it needs to be valued and included in the property pool for division. In some cases, parties may retain their individual superannuation interests. But when there are significant discrepancies in superannuation value, the party with a higher balance may need to give some of their superannuation to the other party via a 'superannuation split.' Get tailored legal advice to determine if a superannuation split is necessary for your individual matter.

This article discusses the weight given to the initial contributions made by one party in a relationship with vastly different net worths. The court considers several factors, including the class of assets, whether they have increased in value, and the length of the relationship. The erosion principle and springboard principle are also discussed. Additionally, the article analyzes the Full Court of the Family Court decision of Jabour and how it affects the assessment of initial contributions. Seeking professional advice is important as the weight given to an initial contribution may vary depending on the circumstances.

If you and your former-spouse or de facto partner have reached a property settlement agreement after separation, it is crucial to document it formally to avoid future disputes. Two formal ways to document a property agreement recognized by the Family Law Act are Consent Orders and Financial Agreements. Consent Orders are Court Orders that require both parties' consent and approval by the court, whereas Financial Agreements are private agreements between parties. While Consent Orders must be considered just and equitable and require a $180 filing fee, Financial Agreements do not need court approval but require both parties to obtain independent legal advice. Financial Agreements can also extinguish future claims for spousal maintenance. If you need help formalizing a property settlement agreement, Honan Family Law can offer a fixed fee initial consultation to discuss your options.

If you child was born in Queensland, you can change your child’s name by applying to the Queensland Registry of Births, Deaths …

All parties to a family law proceeding have a duty to make full and frank disclosure to the other party or parties …

Generally, a court will determine the asset pool of the parties at the date of a trial. However, the court may treat …

In January 2023, the Australian Government released a draft Bill, the Family Law Amendment Bill 2023, which proposes amendments to the existing …

Broadly, there are three options for parents with respect to the financial maintenance of children:  Administrative Assessment  Services Australia (Child Support) (“the …

During your initial consultation, one of the first questions your family lawyer may ask you is the date that you and the …

Financial agreements, often referred to as a “pre-nup”, “Binding Financial Agreement” or “a BFA”, are a way for parties to decide how …

If you are recently separated and have turned to Google to try and get a bit of an idea of what’s involved …

Australian citizens are eligible to apply for a divorce in Australia. There are however 3 more criteria's that allow you to apply for a divorce in Australia.

For your sole Application for Divorce to proceed, you need to serve your ex with the Application. But what steps can you take if your ex can not be located?

For your divorce to be granted, you need to serve your Application for Divorce correctly. Our article explains how this can be done.