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Divorce

Collaborative Practice in Family Law

Caley Kim
Barrister and Solicitor

Last Updated on 03/08/2021

  Collaborative Practice is a non-adversarial dispute resolution process whereby lawyers (and other professionals, such as psychologists, counsellors, child development specialists, financial advisors, tax accountants, etc.) work together to facilitate child and family-focused discussion between the parties to negotiate a practical overall agreement to all aspects of a dispute. Any discussions, correspondence or records of … Continue reading “Collaborative Practice in Family Law”


The No-Fault Divorce Principle in Australia

Rebecca Ward
Senior Associate
Barrister and Solicitor

Last Updated on 14/07/2021

  There are more than a few widespread misconceptions within the family law sphere surrounding the conduct of a former spouse or de facto partner: Firstly, that the Family Court is an appropriate forum to air one’s personal “grievances” about an ex-spouse’s behaviour. Secondly, that apportioning ‘blame’ to such conduct is a relevant factor to … Continue reading “The No-Fault Divorce Principle in Australia”


The dangers of DIY Separation Agreements

Amy James
Senior Associate

Last Updated on 27/05/2021

In a Family Law context, DIY separation agreements can present several potential problems and pitfalls. A separation agreement is a written contract between a separating couple wherein they document what they have agreed regarding various issues, mainly related to their property settlement. The main goal of “Do-it-Yourself” separation agreements is to save time and money, … Continue reading “The dangers of DIY Separation Agreements”


Children’s Views in Family Court Proceedings – Not Seen, but Heard

Rachael King
Barrister and Solicitor

Last Updated on 21/01/2021

Whilst in Primary School, I recall a class-mate feeling very nervous about attending the Family Court to express her views as to whether she wanted to live with her Mum or her Dad. I remember how anxious she was at the time, but after the event she told me she was so relieved that the … Continue reading “Children’s Views in Family Court Proceedings – Not Seen, but Heard”





Same-Sex Marriage and Divorce in Australia

Greg Martinovich
Barrister and Solicitor

Last Updated on 03/12/2019

60-Second Summary After the majority of Australians voted in favour of changing marriage laws to allow for same-sex marriage, the corresponding legislation was amended in December 2017. As a result, same-sex couples are able to get lawfully married. As the number of same-sex marriages steadily increases, this unavoidably gives rise to a relatively new area … Continue reading “Same-Sex Marriage and Divorce in Australia”


Separated Under One Roof

Caley Kim
Barrister and Solicitor

Last Updated on 28/11/2019

60-Second Summary Living separated under one roof occurs when you and your former spouse/partner are no longer marital or de-facto partners but nonetheless continue to live in the same home. There are many elements involved in the definition of separation, some or all of which may be present in a particular relationship. Therefore, what comprises … Continue reading “Separated Under One Roof”


FVRO’s (Family Violence Restraining Orders) vs Protective Orders

Rebecca Ward
Senior Associate
Barrister and Solicitor

Last Updated on 28/11/2019

  60–Second Summary The end of a relationship often presents separating spouses and their children with emotional upheaval, as well as various financial and practical difficulties. This is made more complex and emotionally disturbing when there are issues of family violence. In urgent cases of family violence, it is appropriate that an application be made … Continue reading “FVRO’s (Family Violence Restraining Orders) vs Protective Orders”