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”
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”
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”
60–Second Summary The appointment of a Single Expert Witness (“Expert”) may become necessary in parenting proceedings in the Family Court where a professional opinion would assist the Court in reaching a decision. Issues requiring input from an Expert might include: Where and with whom the children ought to live How much time the children … Continue reading “Single Expert Witnesses in Parenting Proceedings”
What is a parenting plan? A Parenting Plan is a written agreement which covers parenting arrangements for children but is not formally approved by the Court. It is a more informal way of having arrangements in place for your children than Consent Orders, as the parties do not have to make a formal application to … Continue reading “Parenting Plans vs Consent Orders: What’s the difference?”
60-Second Summary: It might come as a surprise to many but currently, in Western Australia, superannuation is not considered an asset for the purpose of a property division between de facto couples following a separation. This means that, unlike in any other Australian state or territory, superannuation cannot be split or transferred between de facto … Continue reading “De Facto Superannuation Splitting in Western Australia”
Consent Orders – Is my Agreement Final? Family Law is often in the headlines for all the wrong reasons: the cost of legal representation, month upon month of delay, the uncertainty of outcomes, etc. But it isn’t generally highlighted just how often separating couples manage to resolve their property and parenting disputes without recourse to … Continue reading “Consent Orders – Everything You Need To Know”
© 2020 DS Family Law Pty Ltd ACN (163 255 427) ABN (36 163 255 427). All rights reserved.
