Before initiating Court proceedings in the Federal Circuit and Family Court of Australia to divide assets parties are required to comply with all pre-action procedures, unless exemptions apply. Pre-action procedures are steps that parties are required to take in an  attempt to resolve a financial dispute before they file an application with the Court. The …

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Before commencing Court proceedings in relation to parenting arrangements, parents or care providers are required to comply with all pre-action procedures (unless exemptions apply). These pre-action proceedings are provided for in the Federal Circuit and Family Court (Family Law) Rules 2021. When are you exempt? Section 60I(9) of the Family Law Act 1975 outlines when …

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When a de facto or married couple separate and commence the process of identifying their assets, liabilities and superannuation benefits, they need to include their business interests. If one or both of the parties to the relationship have a financial interest in a business, company and/or family trust, that interest forms part of the parties’ …

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A common theme during our initial consultations is Child Support matters. “Do I have to pay?”, “How much do I need to pay?” “What is child support?” We delve into this a little further below. What is Child support? The Child Support (Assessment) Act 1989 (Cth) imposes a duty on parents to financially maintain their …

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A common disagreement between separated or divorced parents is what school children should attend and if it can’t be agreed, who gets to decide which school the children should attend. Separation and divorce can also sometimes lead to a parent wanting to change a child’s school due to a change in their financial circumstances or …

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The holidays can sometimes be a bit of a ‘pressure cooker’ for spouses and families especially where there may have already been tension or pre-existing thoughts of separation. If you have separated with your spouse over the holiday period, which may have occurred when most family law firms were closed, what can you do yourself …

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This Friday sees the start of the Christmas school holidays for most children. Christmas is an exciting and special time of the year – the presents, the lights, the carols, however it can be a stressful time, especially for separated parents and children. Emotions tend to be heightened, there are lots of celebrations and events …

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Here we are, the last of the 10-part series. Over the weeks, I have talked about co-parenting after separation, managing blended families and paying child support and other expenses for children. I haven’t talked about dividing the assets and selling the family home, another difficult step in the post-separation world. From a family lawyers’ perspective, …

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