Before a person can apply for a divorce they have to be able to establish to the Family Court that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the marriage have separated and have lived separately and apart for a continuous period of not… Read More
Australian jurisdictions provide statutory rights for eligible persons to contest a Will on the basis that they have not been left adequate provision by the testator for their proper maintenance, education, and advancement in life. In New South Wales, an eligible person includes a spouse, de facto partner, or child (of any age) of the… Read More
On 1 September 2021, the Federal Circuit and Family Court of Australia (FCFCOA) commenced operation. A number of changes were introduced with the commencement of the integrated Court including a new case management pathway and a reform of the pre-action procedures. The new case management pathways and pre-action procedures put a greater emphasis on alternative… Read More
Following a separation, parents do not have to go to court about the care arrangements for their children. As a matter of principle, we encourage our clients to reach an agreement if possible without the need to resort to the Family Law courts. One advantage in reaching an agreement is that the legal fees will be… Read More
It is well known that a Will is a legal document which sets out how a person wants their assets to be distributed once they die. If you are over the age of 18 you can make a Will – provided you have capacity. In general terms a person will have the necessary capacity if… Read More