Parke Lawyers

Practice area

Family Law.

Practical articles on separation, divorce, property settlements, parenting arrangements, de facto rights and intervention orders under Australian family law.

See our family law services →

Featured in this area

Start here.

Family LawFeatured guide

Parenting Orders in Australia: A Complete Guide for Separating Parents

National cornerstone guide to parenting orders under Part VII of the Family Law Act 1975 (Cth), reviewed against the current compilation — best interests, safety, parental responsibility, family dispute resolution, evidence, court process, interim and urgent orders, relocation, recovery, overseas travel, costs, contravention and variation.

50 min readReviewed by JULIAN McINTYRE, Associate
Read article →

All articles in family law.

Family Law

How Are Businesses Valued in Australian Family Law Proceedings?

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.

37 min readReviewed by JULIAN McINTYRE, Associate
Read article →
Family Law

How Are Family Trusts Treated in Divorce and Property Settlements?

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.

38 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
Read article →
Family Law

Australian Family Law: A Guide for Separating Couples

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.

21 min readReviewed by JULIAN McINTYRE, Associate
Read article →
Family Law

How is an Inheritance Treated in Divorce and Property Settlement?

How inheritances and deceased-estate interests are treated in Australian property settlements under sections 79 and 90SM of the Family Law Act 1975 (Cth) — no automatic exclusion, no compulsory single pool and no fixed percentage. Covers received, vested, contingent and expected interests, timing and use, keeping an inheritance separate, disclosure, executors and trustees, testamentary trusts, finality after orders and agreements, and the tax and duty consequences.

38 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
Read article →
Family Law

Property Settlement After Separation: A Complete Guide

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.

7 min readReviewed by JULIAN McINTYRE, Associate
Read article →
Family Law

Financial Disclosure and Hidden Assets in Divorce and Property Settlements

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.

8 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
Read article →
Family Law

Who Pays the Mortgage and Household Expenses After Separation?

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.

8 min readReviewed by JULIAN McINTYRE, Associate
Read article →
Family Law

Can You Get an Interim Property Settlement Before the Final Settlement?

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.

14 min readReviewed by JULIAN McINTYRE, Associate
Read article →
Family Law

Who Is Responsible for Debts After Separation and Divorce?

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.

20 min readReviewed by JULIAN McINTYRE, Associate
Read article →
Family Law

Tax and Capital Gains Tax in Divorce and Property Settlements

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.

22 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
Read article →
Family Law

How Are Assets Valued in Divorce and Property Settlements?

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.

11 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
Read article →
Family Law

Binding Financial Agreements in Australia: Pre-Nups, Post-Nups and Financial Risk Management

A practical guide to the Binding Financial Agreement lifecycle under Australian family law — the correct statutory pathway, subject matter, binding requirements and independent advice, disclosure, setting aside, termination, separation declarations, death and how agreements compare with consent orders.

31 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
Read article →

Explore other practice areas.

Wills & Estate Planning39Probate & Estate Administration51Estate Litigation & TFM Claims26Powers of Attorney & Elder Law16Retirement Living & Aged Care Advice17Superannuation & SMSF Succession7Commercial & Business Law68Conveyancing & Property34Employment Law for Employers16Litigation & Dispute Resolution40Criminal & Traffic10