Australia's pre-eminent specialist family law firm
04 December 2015
When is "Nil" as good as $10?
The Federal Government has proposed some further changes to the Family Law Act. Some of these deal with family violence and the press release is timed to coincide with International Day for the Elimination of Violence Against Women.
29 October 2015
Urgent or Interim?
The decisions in some cases under the Family Law Act do not raise new issues of principle or have significantly different facts but remind us of the correct approach that needs to be taken in similar cases.
19 October 2015
The Adultery Factor (in South Africa)
A recent case from South Africa, we are told, has seemed to fix a very obvious anomaly in family law in that country.
14 October 2015
What's in a Name?
At Pearson Emerson Meyer our lawyers all take care to keep up with the law and that means keeping up also with reports of decided cases.
17 September 2015
What Do You Call a Collection of Experts?
Some people entertain themselves by trying to remember or even invent collective nouns. As we know some of those collective nouns are weird, like "a murder of crows".
11 May 2015
Husband and Wife and the Taxman Makes Three
In most cases, when you start a relationship there are just the two of you. However at the end of the relationship, it is not unusual for there to be quite a few others wanting a seat at the table.
06 May 2015
A Testament to Perseverence
In cases concerning property settlement and financial adjustment on relationship breakdown, the courts insist upon full and frank disclosure.
28 April 2015
Does "Location Location Location" apply to Family Law?
As we have in these articles observed often before, it is a small world and getting smaller.
13 April 2015
When the Hague Convention does not Apply
In recent months we have reported on a number of Hague Convention matters. Those applications have dealt with issues of international child abduction where a child is either retained in or removed from a convention country.
30 March 2015
How Long is Too Long to Wait to Make a Claim After Divorce?
Under Australian law, claims for financial relief cannot be commenced after one year from the date of divorce (or two years from the date of separation in the case of de facto couples), without permission from the Court.
27 March 2015
Inconsistencies between Parenting Orders and Family Violence Orders
The Family Law Courts take allegations of family violence very seriously. When making a parenting order, the Court must ensure that its orders or arrangements do not expose a person to family violence, but at the same time respect a child's right to have a meaningful relationship with both parents if it is in the child's interests.
19 March 2015
De Facto or No?
In a very recent case called Kristoff & Emerson a judge of the Federal Court decided whether or not two people had lived in a de facto relationship.
17 March 2015
The Dilemma of Loans & Financial Gifts in Family Law
A dilemma that often arises in family law is whether money paid by a parent to a child (to help with paying the deposit on a home for instance) will be considered a gift or a loan when the child's relationship breaks down and there is a financial dispute.
05 March 2015
De Facto Relationships – The Jurisdictional Fact
On 1 March 2009 couples previously without rights under the Family Law Act were finally afforded rights under the Act in line with those rights afforded to married couples.
26 February 2015
When Can a Binding Child Support Agreement Be Set Aside?
Under the Australian child support legislation, parents can reach agreement about the amount of child support to be paid, by entering into a child support agreement.
20 February 2015
Locked in Matrimony
Marriage is defined in the Marriage Act, for Australian Commonwealth Law, to mean the union of a man and a woman to the exclusion of all others voluntarily entered into for life.
10 February 2015
Husband's $3 Million Inheritance Post Separation Included in Property Pool
It is not unusual for a party who has received an inheritance towards the end of a relationship or whilst separated to ask the question: "Can I exclude my inheritance from the asset pool?"
02 February 2015
Relocation - Best Interests of the Child?
Having children means, as any parent knows, some surrender of personal freedom by the parents. Parents negotiate their relationships as adults, and as parents, and make compromises.
19 January 2015
Commercial Surrogacy Confusion
Welcome to the strange world of commercial surrogacy. The Family Court recently had to deal with a case where two men in their thirties, de facto partners, were applying for orders that one of the men was the father of a child, that both the men had equal shared parental responsibility for the child, and that the child live with them.
12 January 2015
How Long is a Long Marriage?
In late November some statistics about marriage and divorce came out and they are quite interesting. In 2013 the number of marraiges decreased by 3.5%. Most brides (81.3%) and grooms (79.7%) had not been married before.
06 January 2015
"Loading" for Violence
(Judge) "Did you assault your wife all throughout the 35 year relationship?" "Not really" (Judge) "What does 'not really' mean? What are you trying to convey by that? What, that you did it once or twice, that you did it every second year?"
22 December 2014
Hamming It Up
In Australia, divorce and its consequences such as property settlement are a matter of Federal law, uniform throughout Australia.
09 November 2014
Beware if Children Travelling to South Africa
Two items of interest, each with a South African connection. One may be a real trap for travellers.
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