Topics: Family law

Unfortunately, this is a question we commonly get asked in the lead up to Christmas and shortly afterwards.

If as parents you cannot reach an agreement about what used to be called the ‘custody’ of your children following separation or divorce, you might find that you have to participate in a family report.

The answer to that question is ‘yes you can’, but if you are involved in a family law matter, you shouldn’t.

‘How do you feel about signing a prenup?’ There’s no way around it – it’s an unromantic conversation to have with your partner. There is no doubt, however, that a financial agreement is the highest the law has to offer to protect your wealth in the event of separation from

In the case of Guild v Stasiuk, the Court was required to determine whether a prenuptial agreement was effective in ousting or excluding the Court’s jurisdiction to consider a wife’s claim for spousal maintenance after the couple had separated.

To finalise your separation with your spouse or de facto partner, you will generally need to consider more than just obtaining a divorce. There are five separate issues you may need to think about depending upon your circumstances.

Since 10 September 2019, personal cross-examination is no longer allowed in family law proceedings in which there is an allegation of family violence. Personal cross-examination is where a party (the witness party) is asked questions by another party (the examining party), instead of by a legal practitioner.

We get asked this question a lot. There appears to be a lot of uncertainty about when a relationship becomes a de facto relationship. This isn’t surprising given that different agencies, such as Centrelink or the Department of Immigration, apply different rules.

If you’re in a family law dispute, is it lawful to record conversations with your former partner or with your children? If you have recorded a conversation, can the recording be used as evidence in court?

The answer to this question will depend on the orders you are seeking. The documents you need to file in court will differ, depending on whether you are seeking orders for property settlement, spousal maintenance or parenting orders.