Family Law News by Aussie Divorce

What you need to know about not paying child support in Australia

Sometimes separated parents wonder how they can avoid paying child support during separation. Child support ensures that each parent provides adequate financial support to the children....

Stay order application

Child Support ('Child Support') is collecting child support from you while Child Support, the Administrative Appeals Tribunal (AAT) or the court decides your child support case....

Tax implications for family law settlements

The tax effect of proposed family law orders is a material consideration for practitioners operating in that space. If one spouse party accrues a significant personal tax liability because of the inter-relationship activities of both parties or the other party....

Applications for family law orders out of time

Debilitating mental health difficulties may now be an explanation for delay in applying for family law orders, and justify a Court granting an applicant leave to apply for orders after the expiry of the statutory time limit....

How to recognize the tell-tale signs of a failed relationship

When relationships are new, it is normal for the partners to focus on the good and overlook the less glorious habits of their partner. As time passes, these habits can start to irritate and annoy....

How to live together when you're planning a divorce

Many couples who are planning a divorce have to endure a period of time when they still share the same home. This uncomfortable and uncertain period could last from as little as a few days to several months....

Dating after separation - the do's and don't's

It is difficult enough to date after divorce even though you are legally on your own. Dating after separation but before the divorce has gone through can be even harder....

Family Law Amendment Family Violence and Cross-examination of Parties

Cross-examination of the parties takes place after they have given evidence in the case. It is a normal part of any court proceeding. During the proceedings, the evidence is given to strengthen the case against the perpetrator....

Terminal illness and property settlement

A man and his wife have been married for thirty years. The woman has breast cancer and it has spread. She is given less than a year to live. The diagnosis has put severe stress on a relationship that was already rocky. The partners agree to separate....

Sleep Problems and Health Issues Related to divorce

If you are going through a divorce you may suffer from depression which in turn will impact negatively on your sleep. Lack of sleep makes divorce more difficult to handle....

Divorce and its effect on sleep

How well you sleep is affected by your day to day experiences, and by your psychological well-being How you feel about your current and expected lifestyle is a significant determinant of how well you sleep....

The family law Act protecting the child when the parents separate

The Family Law Act 1975 declares that when the parents of minor children part, each is equally responsible for the children. This means that both parents have the right to partake in the important decisions pertaining to their children....

Children of divorce sleepover appropriate age

Many parents argue that they should enjoy equal time spent with their children. Parents fear that they may find it difficult to build relationships with their children unless they spend time with them from a very young age....

Confronting the truth in a relationship

We all value honesty in a relationship. Without it, there can be no trust. Without trust no intimacy. In trusting relationships there is an expectation of honesty....

How our childhood insecurities affect our adult relationship

Our first relationships in the home determine how future relationships will pan out. Our parents should give us a home life secure enough to build happy adult relationships....

Changing relationships whats normal and what is not

Relationships change over time as do most things. Each of us evolves as we go through life’s ups and downs, so it is unrealistic to expect our relationships to remain unchanged. Some relationship changes are quite normal....

Finding your self-esteem when your partner has been cheating

It’s a moment that you will never forget. Finding out that your partner has cheated on you can have a devastating effect on your self-esteem. Your self-confidence takes a knock....

How to recognize co-dependency in a relationship

A co-dependent relationship is not a healthy one. Often these relationships start off innocently with one of the partners trying to help the other. Over time the relationship slides into co-dependency....

When your circle of friends includes the Ex

A new relationship brings with it a whole new group of people, including friends, relatives and, from time to time, the ex. When the ex remains a part of the circle of friend, things can get uncomfortable and unless there is a frank discussion, jealousy can raise its ugly head....

Dealing with self doubt in a subsequent relationship

Getting into a long-term relationship with someone who has come out of another such relationship comes with its own set of challenges. It is not uncommon for people in second relationships to feel insecure about the partner from the first....

Financial abusive relationship - recognising signs

Financial bullying is often the forerunner of more serious controlling issues.This behaviour usually starts fairly innocently, an opened bank statement, a peek at an invoice or questioned expenditure....

Financial habits and goals - committed relationship

One of the most important aspects of a committed relationship is the way in which each of you views and handles finances. You must understand your partner's views on all things financial before you commit to marriage...

Your partner and their Ex

Whenever you go into a relationship with a partner who has previously had a family, problems are almost inevitable. When the children from the previous relationship are young, bringing a new person into the family can get even more complicated....

Setting boundries for a healthy relationship

There are many people who believe that boundaries have no place in a loving relationship. In their understanding boundaries are unnecessary when people are in love....

Dealing with Narcissists

Most Narcissists suffer from a poor self-image, which can lead to depression. Some of these people atone for their self-image problems by adopting an arrogant attitude, believing that they know best....

Dysfunctional relationship

Toxic relationships go beyond just unhealthy they are pervaded by an atmosphere that is poisonous and the people that are involved in it cannot live a happy and productive life....

The victim of psychological manipulationAussie Divorce

Psychological manipulation is a common phenomenon and it is often difficult to detect. It can have a devastating effect on the victim and can lead to anxiety and depression...

Iam not inlove but I cant move on

I woke up this morning to the realization that I am no longer in love with my boyfriend. I am staying with him because financially I have little option....

Mother battled financially and had to take on additional work

She battled financially and had to take on additional work, but she felt that it was only fair. Brett was happy to take on more than his share of financial responsibilities, as many men in Australia are, but for Janine, this was not an option....

Deciding to stay together for financial reasons

There are many couples who on realizing that the spark has gone from their relationship make the decision to stay together for financial reasons. This may raise many an eyebrow, but it is perfectly logical reasoning, and it can work....

I love you but Im no longer in love with you

“ I love you but I’m no longer in love with you”. There are many confused and distressed people searching for answers as to how to turn their marriages around after their partners have finally found the courage to make this confession....

Saving your marriage from blame

Do you feel that you are being unfairly blamed for the things that go wrong in your relationship or are you the partner who finds it difficult to take responsibility for your actions blaming your spouse for the things that go wrong?...

Finding a way to recapture the love in your marriage

When you start to feel as if your husband is blaming you for everything it is easy to become despondent about your relationship....

When you partner blames for something you did not do

Blamers can be irrational. They typically cast around for someone to blame and never take the rap themselves. When things don’t go the blamer’s way someone else is always wrong....

When you are not their father

Now I am a stepfather and I know that I tread a minefield when it comes to building relationships with my stepchildren. I know that my relationship with them will never be the same as the one that I share with my biological children...

Reflection of a stepfather

Both my Mom and Dad grew up uncomplicated lives, part of typical nuclear families of fifty years ago. when it was usual for biological parents to stay together and raise their children within the family unit...

When a relationship ends

It is always difficult to end a relationship even when it is something that you yourself initiated. It usually comes with massive life changes and can leave you feeling very emotional....

Finding a new love

It is always exciting to start a new relationship. New relationships make us feel happy and renewed. They give us energy and a new lease on life. If you are ready to start looking for a new partner, you need to consider how you plan to do it....

Relationship problems and how to deal with conflict

At some time in your relationship, you will face difficulties. It is how you handle them that matters. Ignoring issues will not make them go away. The problems that couples face are many and varied and include...

Children from a previous relationship

Children, whether they are your own or your stepchildren have a tendency to add complications to the relationship. Although both parents love the children, they may disagree on how to bring the children up....

Intimacy and your relationship

Do you have an intimate relationship, one where love and trust thrives? Intimacy is all about closeness, sharing your emotions and your experiences with your partner....

Keeping yout relationship out of trouble

If you are going through a trouble spot in your relationship I am sure that you would like to know how to nurture that relationship and make things well again....

Relationships are important to your physical and emotional well-being

People in loving and committed relationships are typically happier and healthier than those in relationships that are faltering. They are also less likely to embark on unhealthy behaviours....

The five most important aspects of a relationship

No relationship can last without communication. This is one of the most important areas that you must nurture if your relationship is to thrive....

Dealing with loneliness in a long-term relationship

It sometimes happens that one of the partners in a long-term relationship feels lonely and it isn’t pleasant. It can lead to a sense of isolation and helplessness as you may not know how to resolve the problem and speaking to your partner may not seem like an option....

Nurturing a long-distance relationship

Relationships at a distance are difficult to maintain, and most people would not choose to live this way. The reasons that couples live in different geographic locations are many and varied....

Sharing relationship problems with a friend

Most of us find it really difficult to talk about problems in our relationships. How do you start the discussion? Although it may not be easy to initiate the conversation, speaking to a friend or a family member can help you to unburden yourself...

When trust is an issue in your relationship

When we first meet someone attractive we are always out to impress. Why not? How else would you ensure that you take the relationship to the next level?...

Second marriagerelationship making it work

People who marry for the second time may believe that the marriage has a better chance of survival than the first since they are older and more experienced....

Stress is a state of mental or emotional strain

Stress is a state of mental or emotional strain or tension resulting from adverse or demanding circumstances. Knowing about how to manage stress can help us understand how to achieve higher levels of wellness....

Forgiveness in a relationship

A committed couple who wants to try and move forward with betrayal begins in the process of forgiveness long before any overt act of forgiving occurs, through movements that ultimately result in forgiveness and restoration of the relationship....

Child custody and supporting your child

When your relationship breaks down, child custody can be a delicate issue. It can cause a lot of stress for you and your children. Family lawyers and other professionals can offer advise on how you can assist your children in these difficult times....

Mothers appeal against interim parenting orders - dismissed

In this matter, the trial judge placed significant weight on the children’s wishes when making interim parenting orders that the mother may not initiate contact with the children. The trial judge was entitled to do so based on the evidence before him. Mother’s appeal dismissed....

Mother appeals final parenting orders relocation

The mother successfully appeals a parenting order requiring her to return with her child to Sydney within 30 days. The father initially consented to her relocating the child to Dubai, but for a specified period only. The judge’s order was greatly based on her opinion of the mother....

Interim parenting orders to include supervision visit

This case revolved mainly around whether interim parenting orders should include supervision when the child visited the father. Although the mother succeeded in her appeal based on a legal error, the Court on re-determination upheld the interim orders made by the judicial registrar that no supervision was needed....

Father successfully appeals parenting orders allowing international relocation

The parenting orders provide that the child will live with the mother in Dubai. The father argues that the order does not give sufficient consideration to the promotion of a meaningful relationship with both parents; it does not address equal or substantial and significant time with both parents and it is not reasonably practicable....

Tribunals assessment based on the fathers actual income

In this matter the father’s child support assessment was reduced after he stopped working at his employer. The mother successfully appealed this reduced assessment. The Registrar of Child Support now appeals that decision arguing that the judge misconceived the Tribunal’s process when changing the assessment....

The wife appeals a property settlement order

The wife appeals a property settlement order. She argues that by including a certain debt in the asset pool calculation, she shares liability for the debt, which is actually the husband’s debt. The husband cross-appeals a company valuation and the weight given to his post-separation development of the company....

Family law litigation

Some people are unwilling to negotiate, or they take provocative steps, with money and children, which leave the other party with no option but to go to court.Trying to find creative solutions can take many months of emotions and thousands of dollars spent on legal fees without advancing your case....

Mother lost her appeal application to change parenting orders

In making parenting orders the judge had to balance the risk of abuse to the children if they lived with their mother against the advantage to the children to have a meaningful relationship with both parents. S 60CC of the Family Law Act 1975 considered....

Wife appeals for a property orders adjustment was allowed

The trial judge found that the husband did not make a full and frank disclosure regarding his finances; he further found him to lack credibility. It is argued that he gave inadequate consideration to these findings when assessing s79(4)(e) matters. As a result, he erred in including certain assets and liabilities in the asset pool....

Court decided that the financial agreement was induced by a misrepresentation

The husband’s misrepresentation that he would do so was intended to force his wife to sign the prenuptial. The court decided that the agreement was induced by a misrepresentation and was therefore not binding on the parties....

A dispute over the parenting arrangements for two children

This is a dispute over the parenting arrangements for two children, aged ten and eight. Both children had suffered during the ongoing conflict. The court ordered both parents to take the recommended parenting courses, to understand the needs to have a loving relationship with each parent....

A mother filed a petition seeking sole parental responsibility for religious reasons

The family court ruled that there is no need for orders at all in relation to religious observation. There is no conflict between the parents in terms of parental responsibility that request a mechanism for conflict resolution....

Father seeking orders for the return of the twin to Cyprus

The Court is satisfied that there is not a grave risk that the children will be exposed to physical or psychological harm or placed in an otherwise intolerable situation. They will simply be back in the same circumstances they were in for the two years before their removal to Australia....

The family court rewards the wife 50 of assets

The wife shall be entitled to 50 per cent of the conjugal property which is currently available. Despite the fact that the husband has better-earning capability than the wife, but the wife was the primary carer of the children during the marriage, hence, she is entitled to proprietary rights under the law....

Mother appeals parenting orders

Unsuccessful appeal by the wife about a property settlement order

In her appeal against the property settlement orders, the wife argues that the judge erred when deciding what to include or exclude in the non-superannuation asset pool; she erred in her overall assessment of contributions made by each party and therefore erred in making only a 15% adjustment....

Father appeals against final parenting orders

The father’s appeal against the parenting order is based on the judge erring in accepting specific facts and findings and using these in exercising his discretion to determine the best interest of the child when he made the parenting order permitting the mother to relocate the child....

Court depart from the requirements of a binding financial agreement

The financial binding agreement provided that Mr Herold would deed his interest in a residence to Ms Kay and that Ms. Kay would refinance the mortgage on that residence to relieve Mr. Herold of responsibility for the mortgage debt....

Types of parenting orders Aussie Divorce

Parenting orders can be made based on an agreement between you and your partner, or if you cannot reach an agreement, you can apply to the Court to make a parenting order after a court hearing. A parenting order is a set of orders made by the court about parenting arrangements for a child....

Personal payouts and property settlement

Will a personal injury payout be included in the divorce settlement? It will always depend on the circumstances of each case. The Court will consider the relationship as a whole and the post-separation circumstances of both parties when deciding whether to include it in the division of the property pool....

Property settlement adjustment for higher earners

Often the lower income earner will become the homemaker and take care of the children. The court had to decide whether an adjustment should be made to the property division. The husband earned almost 10 times more than the wife whilst they were married and after they separated. The Court ordered an adjustment....

Be warned Pre-Nuptial agreement can be overturned

The High Court held that two almost identical agreements could be set aside for unconscionable conduct, and the majority of the Court agreed that the agreements could further be set aside for undue influence. The agreements in question are a prenuptial agreement and a post-nuptial agreement made under the Family Law Act 1975....

Your childs education is a shared responsibility

Decisions about which school to enrol your child at and getting ready for school often cause disagreement when parents are divorced or separated. It is important to remember however that your child’s education remains your responsibility as the child’s parents, even after separation and divorce....

Seven Separation Mistakes

If you are thinking of separating or are in the process of separating, you will know that it is a difficult time of your life. You have so many questions and so many decisions to make. Most people are not familiar with the legal process of separation, and many friends will offer advice....

leaving your child unattended

Many would argue that it all depends on where you leave your child, how old the child is and how long you leave the child unattended. Let’s consider a few scenarios. Can you leave your sleeping baby in the car while you run into the service station to pay for your fuel?...

Protect your rights before marriage when buying new home

Does it matter whether you and your partner buy property together before or after marriage? There isn’t a difference. If you buy property together without being married, you will probably be considered being in a de facto relationship....

childbirth expenses

A mother is entitled to financial support from the father to help with maintenance during the childbirth period. This includes expenses relating to the pregnancy and the child’s birth. It also includes any private health, health Care card or Medicare rebates, as long as the expenses are reasonable out-of-pocket expenses...

Must Obey Family Court Orders or Face the Consequences

An arrest warrant was issued for a former elite Australian sportsman after he defied a Family Court order. He was ordered to pay his wife her share of assets, worth $343,262. Instead, he fled the country to avoid paying his wife....

Do share common values with your partner

What to do if you feel lost because your partner does not understand your values and only thinking about their values…. I am sure many of you have lived and are living this situation....

How to use the 8020 rule to maximize your relationship

All relationships go through rough patches, but there is always a root cause for the problem. Find that vital issue and address the 20% that is causing 80% of the frustrations....

Drug and alcohol abuse allegations and parenting arrangements

If you find yourself in a situation where you are concerned about possible drug or alcohol abuse by your child’s other parent, it is important for you and the Court to understand which tests are available for different substances and when to request which test....

Property adjustments upon separation

In Stanford v Stanford the High Court stated clearly that when determining property settlements, the first thing to do is to determine if it would be just and equitable to make a property adjustment between the parties. What constitutes “just and equitable” will depend on the individual circumstances of your relationship....

Using Sharia law to get custody

Under Sharia Law daughters automatically go with the father. It is believed that he can look after them better as a provider and a father figure. Instead of trying to fight this battle through Australian courts, the mother decided to fight for her children using Sharia Law....

Divorce rates and wedding dates

Are you at a higher risk for divorce because you got married on Valentine’s Day? You and your partner might have sentimental reasons to get married on a specific date, and that should not be any indication of whether your marriage is more likely to end in divorce, or not....

Two minutes that can make your marriage last forever

Do you feel like you and your partner are living under one roof, but are actually living separate lives? Maybe you feel like you are not sharing anymore and you don’t spend any time really connecting? You might even go out often with friends or go on date nights, but you still feel like you are drifting apart?...

The importance of dating your spouse

Are you genuinely communicating and building intimacy in your relationship, or does your spouse have to compete with social media and screens for your attention?...

Stop nagging and improve your relationship

Nagging doesn’t achieve anything (at least not anything positive for your relationship). You are actually only expressing your own negative emotions. You might be justified to be angry, but you are not necessarily right. Nagging doesn’t work – we all know that by now. Sometimes we need to do the exact opposite. Yes, I know it is difficult, but let’s think about alternat...

How to get the spark back in your relationship

In the beginning of your relationship you went to fancy restaurants, you spent hours on the phone, sent each other sweet messages and told each other often how much you love each other. And now, it all seems to fade. Things aren’t so exciting anymore....

Successful post divorce parenting

We all make mistakes in bringing up our children – being a divorced parent can make parenting even more difficult. Sometimes being divorced brings out the worst in people and in parents....

Parenting Orders Traveling and change over arrangements

One of the most important tasks during separation and divorce is to make practical parenting arrangements. This could become complicated when the two parents live far apart. If travel between the two homes is necessary, the impact of the travel on the children must be considered....

Are you constantly comparing your partner to others

Do you sometimes look at your friends’ partners and compare yours to theirs? Or do you see on Facebook that your friend’s husband surprised her with a weekend away and you think: Why doesn’t my husband do that?...

Are you constantly criticizing your partner

Constantly criticizing your partner might have many unintended consequences. Constructive criticism, intended to build a better understanding, is good, but be careful of always criticizing your partner...

The Divorce process and are you ready

You've decided it's time to divorce. Now you need to educate yourself about what happens during the divorce process and become prepared to survive....

The decision to get divorced

Many unhappily married couples are not willing to be emotionally true to themselves and face the fact that divorce is the right choice for them....

Divorce lawyers They are not your shoulders to cry on

In their hour of need, many divorcees turn to their lawyer for reassurance, comfort, and empathy. However, that person would be better off finding a therapist, family member, or friend to lean on. Lawyers are not your friends....

Separation for married or de facto couples

The date of the formal, legal separation may be important in many matters. It will, for instance, determine when a person can file for divorce, when child support becomes payable, when new Centrelink benefits become payable and how the court will calculate the property settlement....

Winning versus Losing in a family law dispute

The cost of winning in a family law dispute might sometimes not be worth the potential damage and harm suffered in the process of winning. Pursuing small differences over long periods of haggling may be a waste of emotional and relationship resources, as well as money. Ask yourself – is it worth it?...

The family court process in deciding a property order

Stanford (an important family law case) said that property orders should be “just and equitable” to all parties. A property order determined by a court changes a property’s legal and equitable rights, and it can also affect third parties....

Splitting the assets after separation or divorce

At the end of a relationship, it can be difficult to decide which path to take. But there are several reasons private negotiation might make the most sense at the end of a relationship when dealing with financial and property-related settlements....

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