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...
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...
When parents separate they have the difficult task of explaining their decision to their children. Young or old, children are generally effected by their parents decision to separate and having a conversation like this needs to be age appropriate as children at different ages have...
The Court determines what is in a child’s best interest by considering the matters set out in Section 60CC of the Family Law Act 1975. Under this section the Court is required to consider any views expressed by the child and the weight it should...
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...
In parenting proceedings, the Family Courts may appoint an Independent Children’s Lawyer (or ‘ICL’) to advocate the views expressed by your children and concerns relating to your children’s care, welfare and development and to propose Orders that are in the best interests of your children. Independent...
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...
