What is it? The Family Court of Australia has provided the following definitions: 1. Spouse maintenance is financial support paid by a party to a marriage to their former husband or wife in circumstances where they are unable to adequately support themselves. 2. De facto partner maintenance is financial support paid by a party to […]

Same Sex Relationships and Parenting

The initial presumption under the Family Law Act 1975 (Cth) (‘The Act’) is that a child’s two legal parents are the woman who bears the child (the birth mother), and the male partner of the birth mother (the birth father) if there is one. These are generally the people who are recorded on the child’s […]

Can I change Final Orders if they no longer work for me and my family?

The law recognises that circumstances are subject to change, and what was once the best option for the family at the time of making the Final Orders may no longer apply. Where this occurs, an application must be made to the Family Court of Australia or to the Federal Circuit Court of Australia, to change […]

What are the differences between married and de-facto under family law?

Historically Historically there were significant differences between the rights of couples who were married and couples who were not. Changes were made in the Family Law Amendment (De facto Financial Matters and Other Measures) Act 2008 however that significantly altered the law (notably superannuation). Prior to this, only those couples who were married were able […]

How do I know what split I will receive?

Half the angst of ending a relationship is determining who gets what in the split. Dividing up a life together is messy and controversial. The ultimate question people want answered however is, what percentage am I getting overall and how do I get more? The following article provides an overview as to how this split […]