The Family Court of Australia and the Federal Circuit Court of Australia (the Courts) are acutely aware that the current pandemic is having an enormous impact on families and the Australian community. Parents are naturally deeply concerned about the safety of their children and how the...
The Family Law Act recognises ‘family violence’ as being any “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or cause the family member to be fearful[1].” At Merridy Elphick Lawyers, we understand that the period initially...
The Family Law Act 1975 determines how to divide property following the breakdown of a relationship. An important step in this process is to identify and value the assets that form the property pool. Property or business valuations will help establish both the value of...
In property settlement matters, parties have an obligation to provide to each other full and frank disclosure of all documents relevant to their financial circumstances. Parties will often instruct their solicitor to seek financial disclosure in an attempt to understand the nature and value of the...
Following the breakdown of a marriage or de facto relationship, one party may find it difficult to adequately support themselves. Spousal maintenance is financial support paid by one party to the other to assist in meeting living expenses on an interim or final basis. It is...
There are certain payments or transfers that may be made pursuant to a property settlement that can impact how a Child Support Assessment is determined or reviewed. In the recent decision of Ely & Ely & Anor [2019] FCCA 503, the Court was required to consider...
When you commence proceedings in the Family Courts you are often required to file an affidavit. An affidavit is a written statement of facts that is used to present your case and sets out your evidence to the Court. Your affidavit must only state facts which are...
Separation is a life changing event. No matter who ended the relationship, it can be a challenging time and will often involve intense emotions, even if you know that the separation is the best outcome for you and your family in the long term. Separation is...
One of the first steps in a property settlement is to identify and value the assets of the marriage or relationship. The valuation of a particular asset may be required if an agreed value cannot be reached, or if the asset is complex or unusual...
In December of 2018 Justice Austin of the Family Court refused an application to nullify a marriage. The marriage occurred between two individuals, one of whom at the time of marriage identified as a female the other identified as a male. Neither of the spouses...
