In Gardiner and Rivers (2014) FCC A76, Judge Lindsay considered a parenting case where the mother of a 3 and 6 year old applies to restrain the father’s de facto partner from attending the children’s time with their father. While the de facto partner did not present a risk to the children, she did self […]
Judge Brown of the Federal Circuit Court of Australia considered spousal maintenance in the case of Noble (2014) FCC A421. In this case the wife wanted her husband to pay her spousal maintenance. The wife received Centrelink payments and worked part time and the husband paid child support. The court considered the stark imbalance of […]
In Richards v Parsons (2013) A mother from Canberra appealed the Federal Magistrates decision to prevent her and her 4 year old daughter from establishing a residence in Brisbane away from her husband. The mother had lived in Brisbane for a considerable time prior to proceedings and court had noted that “extreme violence had occurred” between the mother and the […]
In a family law case that went to trial in January this year [Newman (2013)] the husband argued that his unusually high earnings throughout his 28 year marriage should be treated as “special contributions”. The husbands total earnings over the marriage were “outside the normal range” exceeding 11 million dollars, a sum that averages out to about […]
A court can only grant your divorce if you have been living separately for 12 months. Applying for a divorce is a relatively straightforward matter; however, it is important to get the paperwork done correctly, particularly if you remain living together after your relationship has broken down. When the court schedules a divorce list, it […]
It is important to remember that the deadline for approaching the court for a property settlement is 12 months after the divorce is granted by the court. There are exceptions and that is if the Court itself grants leave to apply “out if time” or your former spouse consents. When considering a financial settlement you […]
Yes. You have a duty to provide your spouse with full and frank disclosure of your financial position.