Were you aware that a self-managed superannuation fund (SMSF) could be split at the end of a marriage or de facto relationship? Superannuation is treated as property for the purposes of division of assets after the breakdown of a marriage or a de facto relationship. During negotiations between parties, lawyers, at mediation or a Court,
Self-Managed Superannuation Funds and Family Law Separation Read More »
Changes to the Family Law Act 1975 made by the Family Law Amendment Act 2023 came into force on 6 May 2024. Some of these changes clarify and simplify how separated parents make decisions about their children. Parental Responsibility is a term that refers to who gets to make decisions about long-term issues relating to
How do separated parents make decisions about their children? Read More »
Christmas holidays and the jolly season is soon upon us. For our Family Law Team at Adams & Partners Lawyers, this is a time where clients are seeking to resolve their parenting arrangements for Christmas Eve, Christmas Day, Boxing Day and the Christmas holidays (including New Year’s Eve). This is a special time for all
Family Law Orders and Christmas Holidays Read More »
In September 2021, a new National Contravention List was established to deal with contravention applications filed in the Federal Circuit and Family Court of Australia. Contraventions of orders affecting children are covered by Division 13A of Part VII of the Family Law Act 1975. Contraventions of orders not affecting children, such as property orders, are
The National Contravention List – Family Law matters Read More »
We have written briefly about applications for surrogacy in New South Wales in the past. In that article, we wrote that generally, a couple (or a person) looking to enter into a surrogacy arrangement with a birth mother (and her partner) must have satisfy a number of matters. The most important matters are that: There
Surrogacy in NSW: What can I pay to the birth mother? Read More »
We have written briefly about applications for surrogacy in New South Wales in the past. In that article, we wrote that generally, a couple (or a person) looking to enter into a surrogacy arrangement with a birth mother (and her partner) must have satisfy a number of matters. The most important matters are that: There
Surrogacy in NSW: Who can make an application for surrogacy? Read More »
Parenting matters before the Family Court of Australia or Federal Circuit Court of Australia are organically complex as they deal with what is arguably the most important part of someone’s life, their family and children. It is therefore an understandable impulse to want the Court to listen and understand what the children want and feel
Can the Court listen to the children’s wishes? Read More »
What rights do parents have when the other parent has not complied with Orders of the Family Court of Australia or Federal Circuit Court of Australia in relation to parenting Orders? Generally speaking, the NSW Police are unable to deal with complaints of Orders being contravened and this can cause difficulty with parents attempting to
Contravention of Parenting Proceedings Read More »
When the Court determines family law property settlements, they are required to consider all aspects of a parties’ financial circumstances. The Full Court has held “all of the property held by both of the parties or either of them can be subject of orders, regardless of when particular assets were acquired.” The case quoted above
Inheritance received after separation in Family Law Property Read More »
It can be extremely stressful when you separate from a spouse or partner that you have been with for several years. There are many things that you may need to consider actioning. What is useful to do in stressful times like this is to draft up a list of urgent and non-urgent things to do.
Separating? Separated? Divorced? Time to think about estate planning! Read More »
