Related Reading: Family and Divorce Law

Family Law Changes

Family law is undergoing significant changes. The Family Law Amendment Act 2023, which comes into effect 6 May 2024, substantially   influences how ...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.  This important case has significantly...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

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

What is a parenting arrangement?

Divorce can be a distressing and confusing time for children. That’s why devising a clear and comprehensive parenting arrangement is one of the most...more

Impact of the Family Court Merger

What is the Family Court Merger? 5 years ago, the government announced their intent to combine both the Federal Circuit Court (FCC) and the Family ...more

Do I need a lawyer for my divorce?

While it is not legally required to engage a lawyer to handle your divorce, it is highly advised. A lawyer can guide you through this difficult and ...more

Spousal Maintenance

After the end of a relationship, there are many new pressures that emerge while adjusting to a new lifestyle. The topic of finances can be ...more

What is Family Dispute Resolution?

Family Dispute Resolution (FDR) is a term that includes negotiation through lawyers, collaborative practice, mediation, conciliation or arbitration to...more

What is an ADVO?

An Apprehended Domestic Violence Order (ADVO) is an order of the court that seeks to protect people in violent domestic relationships from certain ...more

How is Property Distributed in a Divorce Settlement?

A divorce is the legal termination of a marriage while property settlement is the formal division of assets and following a couple separating. Section...more

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BSM success in recent Hague Convention case

Australia has obligations under the International Convention on the Civil Aspects of International Child Abduction (commonly referred to as The Hague ...more

Property Disputes in Family Law

Disputes commonly arise in the context of property settlements between separated couples (either married or de facto). In family law, a property ...more

Family Court

Going through a separation or divorce can be a stressful and overwhelming time in any intimate relationship.  Brander Smith McKnight’s highly ...more

Domestic Violence and ADVO

What is Domestic Violence? Violence or a violent act is a serious criminal offence in Australia.  If violence leads to serious bodily harm or life ...more

Family Dispute Resolution and Mediation

What is the Difference between a Family Dispute Resolution and Mediation? Family Dispute Resolution (FDR) and mediation are technically two different ...more

The Best Interests of the Child in Family Law

The Best Interests of the Child in Family Law Reference to the best interests of the child is common in the context of family law proceedings.  In ...more

Location and Recovery Orders

Recovery Orders and Location Orders in Family Law Australia’s Family Law Act 1975 (Cth) offers two important legal mechanisms for the retrieval ...more

Independent Children’s Lawyers

Independent Children’s Lawyers In family law proceedings, a court may decide to appoint an independent children’s lawyer to represent a ...more

De Facto Relationships in Australian Law

De facto relationships are recognised in Australian family law.  The courts examines various issues when deciding if a couple can be identified as in...more

Binding Financial Agreement or Prenup

What are Binding Financial Agreements or Prenups? Binding financial agreements allow parties to pre-determine financial and property issues that can ...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 before you can ...more