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BRISBANE FAMILY LAW BLOG

CHILD SAFETY July 20, 2018

How To Step Up: Application to adopt a stepchild or transfer parental responsibility; which is best for you?

We have been asked a number of times about adoption of children by step-parents. This is an area where the state and federal jurisdictions intersect, and the process can vary between the states in Australia. In QLD, whilst it is possible for a step parent to apply to adopt a child, this is not an

Divorce July 5, 2018

I had an affair – can I get divorced now?

It has long been the case that fault or behaviour on the part of either person is not relevant to the granting of a Divorce in Australia. There is one ground for the grant of a divorce which is that a marriage has irretrievably broken down and the only evidence in support of that is

CHILD SAFETY July 2, 2018

Who’s your daddy? DNA testing in Court

The question of a child’s paternity is a matter that commonly arises in Family Law disputes. While a simple DNA test can shed light on the identity of a child’s biological father, there are of course other issues that need to be considered, including the payment of child support to the child’s mother. If you

Merge of FCC and Family Court

FEDERAL GOVERNMENT ANNOUNCEMENT OPENS THE DOOR TO REDUCED DELAYS IN THE AUSTRALIAN FAMILY LAW SYSTEM The Federal Government announced earlier today that the Federal Circuit Court of Australia and Family Court of Australia will be merging, to be known as the Federal Circuit and Family Court of Australia. The new Court will be operational from

What Is a Prenuptial Agreement and Is It Legally Binding?

Did you know that currently, some 30% of Australian marriages end in divorce? That’s a pretty scary statistic, but that’s the reality. When people get married they don’t go into the relationship thinking it’s going to end in a few years. Most view the commitment to being for life at the time. As unromantic as it sounds, it’s wise to be prepared for the big day where you sign those legally binding documents. If you are entering into the marriage with considerable assets already, as a safeguard it’s a good idea to consider a prenuptial agreement.

Courts May 16, 2018

Why Mediation Is a Far Better Option Than Going To Court

Mediation is all about trying to reach a resolution between two opposing parties without the need to take the matter to court. There can be many circumstances in life where expert mediation is helpful, and we’ll cover a select few of those in this post. Mediation definitely has its advantages, so let’s briefly cover just

Family Law Blog April 26, 2018

What Could Happen If A Party Does Not Comply Or Ignore The Fundamental Principles Set Out In The Family Law Act?

Q: WHAT COULD HAPPEN IF A PARTY DOES NOT COMPLY OR IGNORE THE FUNDAMENTAL PRINCIPLES SET OUT IN THE FAMILY LAW ACT? This creates a great deal of financial and emotional stress for all parties concerned.  For example in a matter we are dealing with the parties had agreed to mediation to resolve the financial

Simplify the Division of Assets With These Top Tips

When it comes to the break down of a relationship that culminates in separation and divorce, the division of property, assets and accumulated debt can become a real sticking point for many former couples. Divorce is stressful and emotional enough as it is without the burden of having to negotiate over material goods and finances,

What Is a Parenting Plan and Why Would You Want One?

Separation and divorce can prove to be a complicated process on a number of levels, even if there are no children involved. However, when a couple has had children together, working out an amicable arrangement can become a major point of conflict and concern. Many drawn out court battles have occurred over the years due