Practice area
Practical articles on separation, divorce, property settlements, parenting arrangements, de facto rights and intervention orders under Australian family law.
Featured in this area
National cornerstone guide to parenting orders under Part VII of the Family Law Act 1975 (Cth), updated for the 6 May 2024 reforms — best interests, safety, parental responsibility, family dispute resolution, evidence, court process, interim and urgent orders, relocation, recovery, contravention and variation.
How mental health and psychological assessments work in Australian parenting cases: family reports, Child Impact Reports, section 62G, single-expert psychiatric and psychological reports, treating-practitioner records, subpoenas, confidentiality and what the court actually weighs.
Who keeps the dog or cat after separation? This guide explains Australia's companion-animal laws, the orders a court can make, the eight statutory considerations and the evidence relevant to pet ownership disputes.
How business valuers determine value in Australian family law property proceedings — fair market value versus value to the owner, future maintainable earnings, capitalisation multiples and rates, normalisation add-backs, goodwill and personal goodwill, minority and marketability discounts, surplus assets and shareholder loans, latent CGT under the Rosati principles, and the single expert process under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
A specialist guide to how Australian courts assess the best interests of a child in parenting matters under the current post-6 May 2024 framework — the paramountcy principle, section 60CC factors, safety, needs, relationships, children's views, culture, capacity and evidence.
Practical strategies for keeping a business after separation in Australia — retaining control and continuity, funding an offset or buyout, staged payments, liquidity, interim governance and documenting the outcome in Consent Orders or a Binding Financial Agreement.
Definitive Australian guide for spouses, controllers, trustees and third parties on how family trusts are treated in divorce and property settlements — discretionary, fixed, unit, hybrid and testamentary trusts; control, Kennon v Spry, property vs financial resource, disclosure, valuation, evidence, third-party rights, post-separation restructures, Consent Orders and BFAs, tax and stamp duty interaction, and coordination with estate planning.
A roadmap of Australian family law for separating married and de facto couples — safety, recording the separation, children and interim arrangements, child support and maintenance, disclosure, divorce, the de facto gateways, property and superannuation under the Family Law Act 1975 (Cth) as amended in 2024 and 2025, dispute resolution, formalising agreements, time limits and estate planning.
How inheritances are treated in property settlements under ss 79 and 90SM of the Family Law Act 1975 (Cth) — no automatic exclusion or inclusion, and the treatment of received, vested and expectancy interests turns on timing, use and the just-and-equitable requirement on the evidence.
A plain-English guide to property settlement after separation and divorce in Australia under the current s 79 (married) and s 90SM (de facto) framework — identifying the pool, contributions, current and future circumstances, and the just-and-equitable requirement, plus Consent Orders, Binding Financial Agreements and time limits.
How gifts and loans from parents are characterised in property settlements under ss 79 and 90SM of the Family Law Act 1975 (Cth) — intention, enforceability and evidence distinguish a gift, an enforceable loan, a contingent advance, a secured debt and an equitable or contribution-based claim.
Definitive Australian guide on full and frank financial disclosure in family-law property settlements — what must be disclosed, standard documents, continuing duty, warning signs of hidden assets, companies, trusts, cryptocurrency, overseas property, subpoenas, forensic accountants, lawful evidence gathering, preservation orders, consequences of non-disclosure, adverse inferences, Consent Orders, Binding Financial Agreements and setting aside orders.
How Australian family law treats post-separation expenditure and transfers of assets — disclosure obligations, preservation of the property pool, when the Court may add back or otherwise take a dealing into account under s 79 or s 90SM, section 106B set-asides against third parties, and why treatment is fact-specific.
Authoritative Australian guide on who pays the mortgage, rates, insurance, utilities and household expenses after separation — lender liability versus family-law treatment, post-separation contributions, principal versus interest, occupation of the family home, occupation rent, the person who moves out, redraw and offset, refinance, sale, interim agreements and orders, spousal maintenance, child support, family violence, companies and trusts, rental property, tax, evidence, hardship, Consent Orders and Binding Financial Agreements.
Authoritative Australian guide on interim property settlements and partial property orders before final orders — what an interim property order is, the Court's discretionary approach, sale of the family home before final settlement, sale proceeds, liquid assets, business and trust interests, superannuation, tax, liabilities and reserves, disclosure, valuation uncertainty, third-party rights, bankruptcy, family violence, children, spousal maintenance, consent arrangements, evidence, procedure, safeguards, effect on final settlement, refusal and urgent cases.
Authoritative Australian guide on who pays debts after separation and divorce — joint and sole debts, mortgages, credit cards, tax, HECS/HELP, business debts, personal guarantees, family loans, post-separation borrowing, indemnities, refinance and release, bankruptcy, creditor rights and the treatment of liabilities in property settlement, Consent Orders and Binding Financial Agreements.
Authoritative Australian guide to tax and capital gains tax in divorce and property settlements — marriage-breakdown CGT rollover under Subdivision 126-A, the main-residence exemption, investment property, latent tax, sale versus transfer, state transfer duty, shares, private companies, Division 7A, trusts, SMSFs, superannuation splitting, GST, overseas assets, cryptocurrency, Consent Orders, Binding Financial Agreements, indemnities and tax-aware drafting and implementation.
Authoritative Australian guide to how assets are valued in divorce and family-law property settlements — valuation date, single experts, instructions, the family home, investment and specialised property, businesses, professional practices, companies, trusts, partnerships, shares, superannuation, SMSFs, cryptocurrency, overseas assets, latent tax and transaction costs, double counting, disclosure, Consent Orders and Binding Financial Agreements.
How post-separation contributions and changes in asset value are considered under ss 79 and 90SM of the Family Law Act 1975 (Cth) — no automatic add-backs or default valuation date, and the effect of financial and homemaker contributions, market movement, business growth and liabilities is assessed on the evidence.
How the current and future circumstances of each party are considered in an Australian family-law property settlement under s 79 (married) or s 90SM (de facto) of the Family Law Act 1975 (Cth) as in force from 10 June 2025 — discretionary, comparative and evidence-based, with no fixed percentage.
How financial, non-financial and homemaker or parenting contributions are considered in an Australian family-law property settlement under s 79 (married) or s 90SM (de facto) of the Family Law Act 1975 (Cth) as in force from 10 June 2025.
How property owned before a marriage or de facto relationship is treated in an Australian family-law property settlement — it is not automatically excluded; the current framework in s 79 or s 90SM of the Family Law Act 1975 (Cth) as in force from 10 June 2025 applies.
When final property orders or Consent Orders may be varied or set aside under s 79A of the Family Law Act 1975 (Cth) (married) or s 90SN (de facto), and how those grounds differ from appeals, enforcement and setting aside Binding Financial Agreements.
How Australian courts address family violence in parenting cases, including safety, evidence, intervention orders, supervised time and urgent applications.
A specialist Australian guide to Independent Children’s Lawyers in parenting proceedings under Part VII of the Family Law Act 1975 (Cth) — appointment under section 68L, statutory duties under section 68LA, the post–6 May 2024 meeting requirement, children’s views, evidence, court process, funding and complaints.
A specialist Australian guide to recovery orders under section 67U of the Family Law Act 1975 (Cth) — urgent applications, evidence, location and information orders, police execution, family violence, child refusal, interstate and overseas issues, passports and the Family Law Watchlist.
A specialist Australian guide to contravention of parenting orders — the current Division 13A framework, reasonable excuse, evidence, enforcement pathways, family violence and child-refusal issues, recovery, variation and the Court's available responses.
A specialist guide to relocating with children after separation in Australia — consent, court orders, the best-interests framework, evidence, unilateral moves and urgent applications.
How private companies, partnerships, trusts and professional practices are treated in Australian family law property settlements — valuation, goodwill, disclosure and protecting a business during separation.
How child support in Australia works under the Child Support (Assessment) Act 1989 (Cth) — administrative assessments, change of assessment, limited and binding child support agreements, collection and enforcement, and how child support relates to parenting orders and spousal maintenance.
The statutory time limits that apply to property settlement and spousal maintenance claims in Australia under s 44 of the Family Law Act 1975 (Cth) — 12 months from the divorce order taking effect (married) or 2 years from the end of a de facto relationship, and how leave applications under s 44(4) or s 44(6) are approached.
A plain-English guide to Consent Orders in Australian family law — how property and parenting agreements are formalised, the difference between consent orders and informal agreements or BFAs, filing requirements, enforcement, variation and when they are appropriate.
A practical guide to Binding Financial Agreements under Australian family law — pre-nups, during-relationship and post-separation agreements, validity, independent legal advice, set-aside grounds and how BFAs compare with consent orders.
Historical shorthand only. Property adjustment between separating parties is now decided under s 79 (married) and s 90SM (de facto) of the Family Law Act 1975 (Cth) as amended with effect from 10 June 2025.
A practical step-by-step guide to the divorce application in Australia — eligibility and jurisdiction, sole and joint applications, the documents, filing through the Commonwealth Courts Portal, service, the hearing, section 55A, when the order takes effect and the time limits that follow.
A plain-English guide to superannuation splitting in Australian family law — how super is treated in property settlements, accumulation vs defined benefit funds, splitting orders, agreements, tax and practical examples.
How bankruptcy affects family law property settlement in Australia — the role of the trustee, vested property, the rights of the non-bankrupt spouse, creditors, clawback issues and what to do if your former partner becomes bankrupt.
Spousal and de facto maintenance under the Family Law Act 1975 (Cth) — the need and reasonable ability to pay test, sections 75(2) and 90SF(3), urgent and interim orders, duration, variation, financial agreements and the time limits.
How Bitcoin, Ethereum and other digital assets are treated in Australian family law property settlements — disclosure, valuation, tracing, tax and the consequences of non-disclosure.
When locks may lawfully be changed after separation in Victoria — co-owned and owner-occupied homes, rented premises, family violence safety notices and intervention orders, sole-occupation injunctions and belongings.
A plain-English guide to Family Violence Intervention Orders in Victoria — who can apply, what counts as family violence, interim and final orders, conditions, children, contesting an order and the consequences of breach.
How the 12-month separation requirement is satisfied — identifying the separation date, separation under one roof, short reconciliations under section 50, disputes about the date, and when a divorce order takes effect.
When a former de facto partner can bring a property or maintenance claim — the section 4AA definition, the section 90SB gateway, jurisdiction and the two-year deadline.
Practical arrangements for children after separation — safety, what arrangements cover, parenting plans, consent orders and options when parents disagree.
When a caveat can be used to protect an interest in real estate after separation — what a caveat is, the risks of lodging one, and the alternatives available.
Why there is no automatic 50/50 split in Australian family law — how the property pool, contributions, current and future circumstances and the just-and-equitable requirement under s 79 and s 90SM shape every settlement.
When a parent's legal duty to support a child ends in Australia — including child support, adult child maintenance, university students, disability and estate planning.
