Section 90SM of the Family Law Act gives the Federal Circuit and Family Court of Australia power to make property and financial Orders in a same sex or de facto relationships following a separation. The provisions are similar to the provisions applied to married couples...
In October 2018, the Federal Parliament passed the Civil Law and Justice Legislation Amendment Act 2018 (Cth) which amended the provisions on time limits for de facto and unmarried same sex couples to file for property settlements. Whilst the situation has always been that married or...
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...
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...
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 February 2019, a matter concerning the existence of a de facto relationship was considered in the Federal Circuit Court. In Adesso & Payton [2019] FCCA 343 Ms Adesso made an application to the Court seeking final orders for a property settlement and then the...
Angry shots and barbs posted online often become grist for the mill of the Family Courts. Social media content is often submitted as evidence to the Court if it calls into question a party’s integrity, character, or child focused approach to co-parenting. It is important to...
The area of law that establishes whether a donor is a ‘legal parent’ for the purposes of the Family Law Act 1975 (Cth) is an area of law that is still emerging. As to recent and current developments in this area of law, the High Court...
In the matter of Borg & Bosco [2019] FCCA 66 (18 January 2019), Ms Borg and Mr Bosco had been in a de facto relationship for approximately 6 years and then separated in 2005. After they separated on 2005 they entered an agreement to divide...
After you separate it is possible that you may need to consider the sorts of arrangements you want for your children or for your property going forward. An agreement with your spouse can be achieved in a number of ways, including: 1. Negotiation directly with your spouse...
Merridy Elphick Lawyers is based in the central business district of Newcastle, NSW. With an excess of 40 years’ experience in all areas of family law, our team of professionals strive for excellence in our craft.
