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Pre-Nuptial Agreements in Australia: Pros and Cons

We see a lot of what are known as pre-nuptial and post-nuptial binding financial agreements drafted by other lawyers, often using ‘boiler-plate,’ clauses many of which are non-compliant with the Family Law Act and likely to be set aside, if they were subject to...

How is Custody of Children Decided?

Equal shared parental responsibility (which is a presumption that the Court will make unless rebutted in cases of family violence or child abuse) means that both parents have equal say in long term matters relating to their child. An example of such a matter would be...

Custody Guideline On Shared Care Of Children

Equal shared parental responsibility (which is a presumption that the Court will make unless rebutted in cases of family violence or child abuse) means that both parents have equal say in long term matters relating to their child. An example of such a matter would be...

Considering a surrogacy arrangement? Here is what NOT to do

By Jessica Coles-Black Substantial amounts of money, blackmail, extortion and even an inappropriately behaved lawyer. This matter involved everything that any good tv miniseries has. The recent case of Soon & Poon, heard by the Family Court in Sydney, involved a...

What Are The Rules For Divorce In Victoria

Many people ask us about different rules to do with divorce in Australia. Here are some of the more common questions answered. • In Australia, you can apply for a divorce within 12 months of separation • You do not need to prove fault on the part of the person you are...
Rules for a Divorce Property Settlement | Melbourne Family Lawyer

Rules for a Divorce Property Settlement | Melbourne Family Lawyer

To understand about the rules surrounding divorce, property settlement, and other family law matters, it is crucial to seek advice from a Melbourne family lawyer. Rowan Skinner is an Accredited Family Law Specialist with 30+ years of experience in family law matters,...

What are the rules about child custody and access

Here are the rules in Victoria in relation to child custody (residence) and access (time spent): • Custody is known as ‘residence’ of a child, a term coined in child custody laws. • The appropriate division of time a child spends with each parent is formulated by...

In the Event of Divorce, How Does the Court Divide Property?

• In Australia, the principles which apply are the same for married couples and de facto couples • First, work out the total value of your existing property, which each of you own, regardless of whether it is in joint or single names • Property includes real property,...

How Much Does A Divorce Cost In Australia

What Is The Real Cost Of A Divorce? The answer to this question is not always easy to define. Each divorce may have different costs, determined by the way both parties feel about the settlement. If there are disputes then legal fees will increase due to hourly legal...

Can A Spouse Refuse A Divorce Application?

Below we explain what can happen, if your partner attempts to refuse your request for divorce. • If your spouse wishes to oppose a divorce, they must file a response to your application and serve this response to either you or your lawyer before the hearing date for...