The short answer is No! Under the Family Law Act the court has the power to deal with property, maintenance and parenting issues for both married couples and also people in de facto relationships. This includes same sex couples. This is true provided that it is established that a de facto relationship exists. This is…
Tag: defacto
Understanding Family Law Financial Agreements – Part 1
Financial agreements are at the heart of many family law matters but remain one of the most poorly understood areas of law. In this series of articles we will outline what financial agreements are, when they are used in family law matters and their key characteristics. This is vital information for anyone going through the…
Is 50/50 care of children now the law?
There is still some misunderstanding about a change to parenting laws made by the Howard Government in 2006 when a presumption of equal shared parental responsibility was introduced. Some media outlets at the time suggested the change created a presumption that children would live 50% with one parent and 50% with the other. But the…
Separation: What happens to the Wills?
If you are advising clients going through a separation or divorce you should be aware of the importance of reviewing a person’s Wills as soon as possible after separation. For married parties, a divorce will revoke any gifts or appointments made in a Will to a divorced spouse but the rest of the Will remains…