Related Reading: Family and Divorce Law
Family Dispute Resolution and Mediation
This article explains the role that Family Dispute Resolution (FDR) and mediation play in family disputes under Australian family law, with a focus on...more
De Facto Relationships in Australian Law
This article explains how de facto relationships are defined and dealt with under Australian family law. We examine the statutory definition in ...more
Divorce in Australian Law
A divorce is considered a legal termination of a marriage. It is a legal process and there are several requirements which must be met prior to the ...more
Do I need a lawyer for my divorce?
This article examines if you need a lawyer divorce lawyer for your divorce. We firstly look at the advantages of engaging a divorce and family lawyer ...more
Domestic Violence and ADVO
This article discusses the offences of Domestic Violence, also known as Family Violence, and Apprehended Domestic Violence Orders (ADVO). ADVO is ...more
Impact of the Family Court Merger
Several years ago, the government announced their intention to combine both the Federal Circuit Court (FCC) and the Family Court of Australia (known ...more
Special Contributions in Family Law: Hoffman vs Hoffman
The concept of special contributions in family law was tested in the landmark case of Hoffman vs Hoffman 2014 (Cth). This important case has ...more
Independent Children’s Lawyers
In family law proceedings, an independent children’s lawyer sometimes needs to be appointed to represent a child’s interests. The Family ...more
Australia Divorce and Overseas Property : What you need to Know
This article outlines Australia’s recognition of overseas marriages and divorce. In particular, what the Federal Circuit and Family Court may ...more
Spousal Maintenance
After the end of a relationship, there are many pressures that emerge while adjusting to a new lifestyle. The topic of finances can be particularly ...more
The Best Interests of the Child in Family Law
In family law proceedings relating to children, orders are made by the Court in accordance with the ‘best interests of the child‘. ...more
What is a parenting arrangement?
Divorce can be a distressing and confusing time for children. Drafting a clear and comprehensive parenting arrangement is one of the most important ...more
Property Distribution in a Divorce Settlement
This article outlines property distribution in a divorce settlement. We also consider the 2025 Legislative changes to the Family Law Act that include ...more
Same-Sex Divorce
Divorce in Australia can be a challenging process. This process can be even more difficult for LGBTQI+ couples, particularly when there are children ...more
The role of the Evidence Act in Family Law
This brief article explores the application of section 91 of the Evidence Act 1995 in Family Law matters, and the role of evidence in child-related ...more
Family Law Changes 2025 : Whats New & how it Affects you
This article outlines family law changes in 2025. The Family Law Act Amendments in 2024 (FLAA) legislated significant amendments to the Family Law Act...more
Separated parents moving away : Legal issues
This article examines the key factors courts consider in relocation cases. That is, the legal issues involved when parents that have separated move ...more
Recovery Orders in Australian Family Law
The possibility of your child being taken by a former partner is a rare but very real prospect that parents may face. However, this risk has been ...more
Financial Abuse
This article explores financial abuse within a domestic relationship and the legal remedies that are available to address such abuse. We also discuss ...more
Location Orders in Australian Family Law
Australia’s Family Law Act 1975 (Cth) offers two important legal mechanisms for the retrieval and location of children when required during ...more
Family Law Changes 2024 : Decision Making for Benefit of the Child
Family law is undergoing significant changes. The Family Law Amendment Act 2023, which came into effect 6 May 2024, substantially influences how the ...more
What is a prenuptial agreement?
A prenuptial agreement (commonly known as a “prenup”) is a kind of binding financial agreement (BFA) that allows parties to pre-determine ...more
Custody Case Success involving Hague Convention Principles
This article outlines BSM’s success in a Hague Convention case. Brander Smith McKnight Sydney lawyers won a difficult, international custody ...more
