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Family Law

What Happens to Debt in Family Law Settlements?

How Does Debt Get Shared in Family Law Settlements? Chan & Lee Ms Chan and Mr Lee were married for 8 years, at the beginning of which they owned nominal assets between them.[1] By the time the couple reached the court system their net pool comprised of a $570,000...

Is Your Partner Alienating Your Child?

A mother who was found to pose an “unacceptable risk of psychological and emotional harm” to her six-year-old child has appealed the decision before the Full Court. The case of Willmore & Menendez involved allegations by the Father of the Mother engaging in...

Who gets sole occupation of the home after separation?

A typical issue when a relationship ends is who will continue to reside in the matrimonial home and who will vacate. If parties are unable to reach an amicable agreement, they may go before the Family Law Court to determine who will receive sole occupation, in the...

What happens when a surrogate decides to keep the child?

Surrogacy arrangements can be a long and difficult journey for both intending parents and the surrogate. It is every intending parents’ worst nightmare to hear their surrogate say that they want to renege from their surrogacy agreement by terminating the pregnancy or...

What is contempt in the Family Court?

In the recent case heard at the Federal Circuit and Family Court of Australia (Division 1), Justice Gill made orders of six months imprisonment of Ms Trach, a mother who was found guilty of contempt for failing to provide information about location of her missing...

What is a prenup?

You may have heard of people asking for ‘prenups’ from discussions with friends, in the news, in movies or even songs, as Kanye West so famously sung ‘we want prenup, we want prenup, yeah!’. So, what is a prenup? Are prenups legal in Australia? How can you ensure your...
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