Navigating spousal maintenance issues can be a complex and emotional process. Our firm offers expert family law services in Cairns and have put together a comprehensive guide to help you understand how Cairns Family Lawyers and courts approach spousal maintenance matters. The Legal Framework: Federal and State Laws [caption id="attachment_17838" align="alignright" width="350"] Spousal Maintenance in Cairns[/caption] Spousal maintenance in Australia is predominantly governed by the Family Law Act 1975 (Cth), particularly Sections 72 and 75. This legislation provides the general...
In Queensland, there are various ways in which separated parents can formalise parenting arrangements. Each method will vary depending on the facts of your individual circumstance and this blog aims to refine the pros and cons of each option. Definitions [caption id="attachment_17814" align="alignright" width="350"] Parenting Arrangements[/caption] Before we begin outlining the different approaches, it is useful to understand the following terms which are central to parenting matters in Queensland: Presumption of equal shared parental responsibility When making a parenting order,...
The passing of the most recent Family Law Amendment Act on 19 October 2023 brings important changes to the current regime, which will affect your rights, the court’s approach and our legal advice. These amendments will be effective from 6 May 2024. There are four key changes which will discuss in this blog. 1. No more presumption of equal shared responsibility under section 61DA Cause [caption id="attachment_17783" align="alignright" width="350"] family law amendment act[/caption] This presumption provides that parents are presumed...
What is a property settlement? In basic terms, a property settlement determines how much you and your spouse will receive after all of the assets, liabilities and superannuation are identified. The property, assets and superannuation are jointly referred to as the property pool, which is what will eventually be divided and distributed between the parties. Common misconceptions [caption id="attachment_17778" align="alignright" width="350"] Property settlement[/caption] It is a common misconception that both parties to a property settlement will receive a 50/50 split...
Child Custody Disputes in Cairns In Cairns, the Family Law Act plays a pivotal role in shaping the resolution process for parents embroiled in disputes over their child's parenting arrangements. A crucial step mandated by this Act is the attendance of mediation for parents who cannot reach an agreement on their own. Before initiating an Application for a parenting Order in the Federal Circuit and Family Court of Australia, they must first obtain a Section 60I Certificate, a prerequisite highlighting...
In the picturesque city of Cairns, nestled in the tropical beauty of Australia, understanding spousal maintenance rights is crucial for individuals navigating the complexities of family law. Governed by the Family Law Act 1975 (Cth), spousal maintenance, a legal entitlement for payment, is applicable to both marital and de facto relationships. [caption id="attachment_17739" align="alignright" width="350"] Spousal Maintenance Rights in Cairns[/caption] For married individuals, spousal maintenance can be sought during the marriage and post-divorce, up to 12 months after divorce, showcasing...
Matrimonial Home Principles which are Applicable to Sole Use and Occupation The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there are no words...
What are the Principles under Section 114(1) of the Family Law Act in Australia? The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there...
PARENTING – Schooling – Where the parents seek that their children attend different schools The relevant authorities set out some of the applicable principles as follows: Schooling disputes are not resolved by the application of a “blanket presumption” or preference for the views held by the residential parent. The Court is required to apply the objects and principles of Part VII of the Family Law Act and to consider the statutory criteria in forming conclusions about the child’s best interests. Section...
Property proceedings - Family Court of Australia - Full Court [caption id="attachment_11763" align="alignright" width="350"] Property proceedings - Family Court of Australia - Full Court[/caption] Barnell & Barnell [2020] FamCAFC 102 This case looked at the principles relevant to the assessment of contributions determining property proceedings pursuant to s 79 of the Family Law Act 1975 Applicable principles It is well-settled by the authority that the assessment of contributions under s 79 of the Act is not a mathematical exercise. Evaluating Disparate Contributions Contribution, either direct...
Property issues in a de facto relationship Australia The Family Court of Australia has jurisdiction under the Family Law Act 1975 (Cth) (“the Act”) to determine matters relating to property as between parties who have not been married, where the parties have lived in a de facto relationship for a period of no less than two years and the relationship finally ended after 1 March 2009, the date on which the particular provisions of the Act commenced. The touchstone or foundational...
Parenting Orders for Children with Special Needs In Part VII of the Family Law Act (1975), there are not specific distinctions for children without special or higher needs when determining what is in the best interests of said child. These are, however, important in determining Orders that will adhere to the child’s best interests. According to studies, parents of children with developmental disabilities are twice as likely to divorce than parents of children without such conditions (Bak & Dunn, 2022)....
The Kennon Principle- Kennon & Kennon [1997] FamCA 27; (1997) FLC 92-757 (“Kennon”). Violent Conduct & The Effect On Property Issues. [caption id="attachment_13897" align="alignright" width="350"] Violent Conduct & The Effect On Property Issues[/caption] Where there is a course of violent conduct by one party towards the other during the marriage which is demonstrated to have had a significant adverse impact upon that party’s contributions to the marriage, or, put the other way, to have made his or her contributions significantly more arduous than they ought to...
Family Law Watchlist It is not uncommon for a parent to be concerned that their ex-partner is going to take the children abroad without permission. In these circumstances, an application can be made to place the children on the Family Law Watchlist. This prevents the children leaving the country without the permission of both parents or a Court Order to do so. Children may be placed on the Watchlist in the following circumstances: The Court has issued an Order limiting...
Maintaining Child Support in Australia A Party in Australia may apply to vary an overseas maintenance order, agreement or liability registered in Australia. ‘a child support maintenance order made by a judicial authority of a reciprocating jurisdiction’ Matters to be taken into account in considering financial support necessary for the maintenance of a child. The relevant sections of the Family Law Act In considering the financial support necessary for the maintenance of a child, the court must take into account...
Relocating overseas INTRODUCTION [caption id="attachment_13676" align="alignright" width="350"] Mother Relocating overseas[/caption] The Appeal Court of the Family considered an appeal from parenting orders made by a judge of the Family Court of Australia concerning a child who was born in 2011. The mother sought orders for the child to live with her in an overseas Country. The mother’s application was opposed by the father who sought orders for the child to live with him in Australia and spend time with the...
Central Practice Direction The Federal Circuit Court of Australia and Family Court of Australia officially merged to form the Federal Circuit and Family Court of Australia (‘FCFCOA’) on 1 September 2021. The FCFCOA subsequently published the Central Practice Direction to detail the new case management pathway. As a practitioner or litigant in family law matters understanding the major structural changes to the system is imperative. Purpose of the Central Practice Direction The purposes of the Central Practice Direction are to...
Subpoenas in Family Law Matters It is common in family law proceedings for Subpoenas to be issued to third parties seeking information that is relevant to the proceedings. Such information is considered to be independent and can be very useful in proving or substantiating a parties claim. In the case of property settlements, subpoenas may be required to be issued to a bank or accountant for documents relevant to the dispute, perhaps if it is suspected that a party is...
Dangers of Social Media [caption id="attachment_16605" align="alignright" width="350"] Dangers of Social Media[/caption] The rise of social media is impacting various areas of law, particularly family law proceedings. While sharing a social media post may seem harmless, a recent Family Law Review found that 81% of cases accepted social media evidence. There is no denying that an impulsive post can seriously affect the outcome of your matter. The dangers of social media in the context of family law proceedings cannot be...
Punishment For Breach of a Family Court Order [caption id="attachment_11982" align="alignright" width="300"] Punishment For Breach of a Family Court Order[/caption] In a recent decision of the Family Court, it was ordered that a mother serve an immediate term of imprisonment of 14 days and further that she be subject to a further term of imprisonment of 14 days which will be fully suspended. This arose because the mother had failed on numerous occasions to allow her child to spend time...