At Farrell Family Lawyers, we keep up to date with the latest legal developments and have the hands-on knowledge and expertise that comes with dealing with family law issues on a day-to-day basis.

With international travel back on the cards after the COVID-19 border closures, many of us are planning trips overseas. Unfortunately, with the good comes the bad and we are seeing an increase in international parental child abduction cases.

Immunisation disputes have been a feature of family law for some time, however increasingly so amidst the landscape of the COVID-19 pandemic.

A common concern raised by clients is whether their former spouse may be entitled to their inheritance.

We are seeing an increase in matters featuring “digital assets” in family law. The most prominent of those is cryptocurrency.

Under Section 79(1)(a) and Section 90SM(1)(a) of the Family Law Act, the Family Court and Federal Circuit Court of Australia are empowered to make orders altering the interests of the parties to a marriage or de facto relationship in property.

Where an asset that is not exempt from the payment of CGT is transferred from one party to a marriage or de facto relationship to another party, as a result of the breakdown of a relationship, Section 126 of the ITAA provides for CGT rollover relief.

As a general rule, it is difficult for a party to change final parenting orders as the Court aims to prevent parties from engaging in ongoing litigation.

The Court is generally reluctant to reopen final property orders as the primary objective of the orders is to conclusively determine the financial relationship between parties to a marriage/ de facto relationship. The Court will allow orders to be set aside in the following limited circumstances.

As the COVID-19 pandemic spreads, many millions of families around the world are implementing self-isolation, social distancing and quarantine measures. For separated and separating families, this can make a time of immense stress even more difficult.

The case of Beroni & Corelli1 concerns an appeal against an order made by the Family Court of Australia setting aside a Binding Financial Agreement (BFA) on the grounds of unconscionability and undue influence.

The cost of private school fees can be a substantial expense for parents. Whether a child should be privately educated and, if so, who pays the cost of private school fees can be the subject of disagreement between separated parents.

Spousal maintenance (also known in other countries as “allowance” or “alimony”) is the financial support paid by one spouse to the other following the breakdown of a marriage or a de facto relationship.

Your child is probably seeing and hearing a lot about coronavirus (COVID-19) on TV, radio, and social media, as well as from other people. Talking with your child about coronavirus (COVID-19) can help your child understand and cope with what’s going on.

A caveat is a statutory injunction which notifies others of your interest in a piece of land that can be lodged with the Land Titles Office in Victoria.

The breakdown of a marriage or relationship and subsequent split of assets is always a challenging period. If assets are held within a self-managed superannuation fund, splitting this asset can be complex and extra consideration and care needs to be taken.

In the 2020 case of Nagel v Hay His Honour Justice Harper had to decide whether to use the Court’s discretion to exclude video recordings under section 69ZX(2)(g) and (h) of the Family Law Act.

However, if you do have children with your Ex, there is no end date. How you choose to engage in communication with them is critical to serving the best interests of your children.

To assist families during this unprecedented challenge, Farrell Family Lawyers have published a series of blogs addressing family law matters during the COVID-19 crisis.

Attending upon a lawyer and obtaining advice means you are appropriately preparing yourself to make informed decisions about your life moving forward. It does not necessarily mean you are going to Court. In most cases, Court is the last option to be considered.

For separating couples, who are already facing one of life’s most challenging events, questions about the potential implications of all this on family law property settlements are being raised.

At Farrell Family Lawyers the health and well-being of our team, our clients and the broader community is of the outmost importance to us. We have therefore implemented protocols to minimise risk in relation to COVID-19 while ensuring that we are able to seamlessly progress your family law matter.

Prior to separating, it is common for one parent to be engaged in more flexible employment such that they can be available to care for the children, meaning they are not on as high an income as the other parent who has continued to work uninterrupted and remained the primary income earner.

Farrell Family Lawyers have extensive experience advising clients in a wide range of superannuation matters, including complex matters involving self-managed and defined benefit funds.

How does the Family Court treat property owned by a discretionary trust? Is the property owned by a discretionary trust considered property available for distribution between parties to a family law property settlement?

January is the time of year that most people chose to separate and start the divorce process. Here are some of the key reasons why they chose to end a marriage at the beginning of the year.

There is no one size fits all approach to business, much like family law, however business interests will generally form part of the property pool available for division between you and your ex-partner.

In the 2019 case of Jabour v Jabour,1 the husband acquired a part interest in two blocks of land well prior to marrying the wife in 1991.

A partial property settlement is a distribution of assets or financial resources between separated parties in advance of final orders. It is commonly also referred to as an interim property settlement.

There can be a lot of uncertainty around whether a couple is in a de facto relationship. A person is in a de facto relationship with another person (irrespective of gender) if they; Are not legally married to that person; Are not related by family; have a relationship with that person as a couple living together on a genuine domestic basis, having regard to all the circumstances of their relationship.

Section 44(3) of the Family Law Act 1975 (“the Act”) provides that a party to a marriage can apply for orders for property settlement or maintenance if an application is filed within 12 months after the date of divorce.

Robert Masson donated sperm to his friend Susan Parsons in 2006, leading to the conception of now twelve-year-old “B”. B and her younger sister “C” live with Susan and her partner Margaret in Australia and spend regular time with Robert and his partner Greg. Robert is listed on B’s birth certificate as her parent. B calls Robert “Daddy”.

The review commenced in 2017 in light of the profound social changes that have occurred over the past 40 years, to ensure that Australia’s family law system is meeting families’ needs and contemporary Australia.

This year the High Court will hear a landmark case on the legal parentage of a child born via sperm donation.

The Court has a wide discretion about how they deal with inheritances received during a relationship as well as after separation when making property settlement orders.

After the breakdown of a relationship, couples are emotionally exhausted, stressed and often left feeling uncertain and apprehensive about the future.

A parent cannot relocate to another country with the children of the relationship without either the other parent’s consent or an order of the Court permitting him or her to do so.

A grandparent has the right to make an application for a Parenting Order with respect to a grandchild under the Family Law Act.

There is an enormous amount of benefit to clients of complementary family law and accounting advice. Lawyers cannot provide accounting advice and accountants in turn cannot provide legal advice.