Blogs

Can I afford to separate? Can I get financial support from my ex?

Spousal support after separation is a big issue. We frequently see the breakdown of relationships whereby one party is in control of the household finances and is the main breadwinner while the other party is primarily responsible for raising children and running the...

How Safe Is A Prenuptial Agreement?

The High Court’s decision in Thorne and Kennedy (2017) HCA 49 has put prenuptial agreements back into the spotlight and will have huge implications for both existing and future prenuptial agreements. Ms Thorne was a penniless young Eastern European woman who fell in...

Identifying Resentments In Relationships

A couple I know were recently divorced. I was not involved in their case from a legal point of view at all. The build up was a common story that is heard these days. They fell in love, got married, had children and slowly the love faded. The wife felt like she was...

Winning a divorce or property settlement

I understand that a divorce is often an emotionally charged situation that can often only be truly understood by the two people involved. The decision to separate is rarely a split second one, and there are almost always slow burning issues that develop over time and...

Violence against children: Crime or Punishment?

The use of corporal punishment in response to problem behaviour in children is an age-old practice that is still often resorted to by modern parents. Its pervasiveness is reflected in our legal system- in every jurisdiction in Australia, there is a defence to conduct...

Hyphenating Children’s Names In Family Law

To hyphenate- or not to hyphenate At first glance, the thought of commencing expensive legal proceedings over whether to hyphenate a child’s family name might make you hyperventilate, however, in a recent Full Court decision, Justices Ryan, Murphy and Aldridge were...

Does Your Teenager always get their way?

Two Australian teenagers are the latest to have their right to enter and reside in the US scrutinized- not by everyone’s favourite Republican (…), but by the Australian High Court. On appeal from a decision of Justice Watts of the Family Court, a new High Court case...

You don’t have to be James and Mariah!

Oh dear! James Packer and Mariah Carey’s breakup with reported talks of about $6 million annual payments and private jets from their prenup agreements raises the question, ‘is this only for the mega rich?’ The answer is no. A recent article in The Age on the use of...

Have you heard of what revenge porn is?

Victoria and South Australia have enacted criminal penalties in relation to perpetrators of revenge porn. Revenge porn is the distribution of sexually explicit images, videos and other materials without consent which is designed to inflict embarrassment and / or worse...

Domestic violence against men: Suck it up, men

  The 2012 Australian Bureau of Statistics Personal Safety Survey shows that 8.2 percent of all men have experienced violence by a female intimate partner-roughly one in 12-with almost a quarter of all victims of intimate partner violence being male. Even though...

Family Violence Commissioner Reports

Family Violence Royal Commissioner, Marcia Neave reported at the Law Institute Family Violence Conference on 5 August 2016 that a fellow judge had told her that he still had nightmares as a consequence of the violence he witnessed of his father towards his mother. The...