Family Law Blog

COVID19 | Divorce | Children, Parenting Settlements and Disputes | Child Support |Financial Agreements | Property and Finances | Alternative Dispute Resolution and Mediation | Surrogacy | De facto Relationships | Adoption | Domestic/Family Violence

Latest News

Blue door opening onto green field

So you want to get divorced! 12 Things you need to know

Before you apply for a divorce in Australia you or your spouse must : regard Australia as your home and ...
Playing Cards in the Air

All the cards on the table – Family Law Property Matters

Part 1 - Disclosure in property matters Parties involved in a family law property dispute cannot commence proceedings in Court ...

All the cards on the table – Children Matters

Part 2 - Disclosure in parenting matters Parties involved in a family law parenting dispute have a duty to attempt ...


COVID19

Rear image of child on tricycle

Is COVID-19 a reasonable excuse for a Contravention of Parenting Orders?

The recent decision in the matter of Kardos & Harmon [2020] FamCA 328 directly addressed the approach to be taken ...
roundabout covid19 - Image by sandid from Pixabay

COVID-19 – Surge in Urgent Family Law Cases

The Family Court of Australia and the Federal Circuit Court of Australia (the Courts) are establishing a court list dedicated ...

Family Court Media Release – Statement from the Hon Will Alstergren – Parenting Orders and COVID-19

We are receiving many inquiries from parents and carers about compliance with parenting orders in light of the current unprecedented ...


Divorce

Coloured steps

The many stages in your family law matter

Last Updated: A family law dispute will have gone through many stages before it ends up at a final hearing ...
Mountain in Nepal

A Simple Guide to Divorce

Fixed Fee Simple Divorce elringtons Lawyers are now offering a fixed fee ‘Simple Divorce’ service priced at $900 plus GST ...
Dollar Sign Image by A1 B2 from Pixabay

How much will my Family Law Case cost?

When a client first meets a family lawyer, high among his/her considerations is the question of costs: How much will ...

Costs in Family Law Matters: Lawyer’s Disclosure Obligations about the Legal Cost

By Carlos Turini The legal cost surrounding a family law dispute is normally a major consideration for the parties involved ...
Blue door opening onto green field

So you want to get divorced! 12 Things you need to know

Before you apply for a divorce in Australia you or your spouse must : regard Australia as your home and ...


Children Parenting Arrangements and Disputes

Child playing on floor

Child Impact Reports – beyond “He said/She said”

In parenting disputes at Court, it often seems that the evidence of the parties does not go beyond the “he ...
Family with Dad and girls playing in field

Family Reports – beyond “He said/She said”

This is the second of our articles on seeking independent evidence in your parenting dispute - please see our first ...
Child receiving a bandaid after vaccination

What if we cannot agree whether to vaccinate our child?

In Australia, everyone over 5 years old is now eligible to get a free COVID-19 vaccination. In family law matters, ...
Father and Son playing on beach

Why Should I Get a Parenting Plan?

By Carlos Turini – Accredited Family Law Specialist Parents involved in a family law dispute about a child in Australia ...
Children

Will the Court listen to my child’s wishes?

When it comes to parenting matters, I regularly have clients come to me and say “will the Court care about ...
childrens wishes

Children’s Wishes: How the view and interests of the child can be determined and heard in Family Law matters

When it comes to parenting matters, I regularly have client’s come to me and say “will the Court care about ...


Child Support

A Parent’s Obligation to Pay Child Maintenance for Adult Children

Sometimes, parents are required by Court orders to pay child maintenance to children who have become adults even though they ...

Family Law Child Support – The formula

By Carlos Turini – Family Law Specialist The Costs of Children Table is available from the Dept. of Human Services ...

Family Law – Private Binding Child Support Agreements

By Carlos Turini – Family Law Specialist On occasions, the parents of a child prefer to come to an agreement ...

Family Law – Challenging Child Support Assessments

By Carlos Turini – Family Law Specialist In the vast majority of cases, child support is paid by a parent ...

Family Law – Child Support

How long do you have to support your child? The parents of a child have a duty to support their ...

Spousal Maintenance

Spousal maintenance is financial support paid by a party  to their former spouse in circumstances where that party is unable to ...


Financial Agreements

Financial Agreements

Binding Financial Agreements (BFAs) AN INTRODUCTION The terms “financial agreement”, “binding financial agreement” or “BFA” are often used loosely by ...
Business plans

What is a cohabitation agreement and why should I get one?

What are “financial agreements”, “binding financial agreements” or “BFAs”? The terms “financial agreement”, “binding financial agreement” or “BFA” are often ...

Bankruptcy and Family Law

We have recently had an increase in family law clients coming to us for advice in cases where their former ...

When can a Pre Nup be set aside?

FAMILY LAW ACT 1975 - SECT 90K Circumstances in which court may set aside a financial agreement or termination agreement ...
Questions

Pre Nuptial Agreements

The term "prenuptial agreement" is generally well understood.  It may be defined as a legal agreement between two parties entered ...


Property and Finances

Caution

Caveats in Family Law: proceed with caution

Caveats may be and are often utilised in a Family Law context to protect a party’s interest in a property ...
Lock on door

What is a caveat and how may it be used to protect real estate in family law?

By Gabby Bridger When parties separate, sometimes one or the other must take steps to protect the assets before a ...
Who gets the Pets?

Who Gets the Dog? Pets in Family Law Matters

We love our pets and often they truly are part of the family. So when it comes to the end ...
Dollar Sign Image by A1 B2 from Pixabay

How much will my Family Law Case cost?

When a client first meets a family lawyer, high among his/her considerations is the question of costs: How much will ...

Costs in Family Law Matters: Lawyer’s Disclosure Obligations about the Legal Cost

By Carlos Turini The legal cost surrounding a family law dispute is normally a major consideration for the parties involved ...
Australian 100 dollar bills

Who is at Fault for Financial Losses in a Marriage?

As a general principle, financial losses incurred by the parties in the course of their marriage or de-facto relationship should ...

Stamp Duty & Capital Gains Tax Concessions In Family Law Property Matters

By Carlos Turini – Family Law Specialist There are many good reasons why former spouses should formalise legally their property ...
Jigsaw house

Family Law: Property Disputes and Settlements

The Full Court of the Family Court some years ago[1] identified  the steps that the Court must follow to decide ...


Alternative Dispute Resolution and Mediation

Carlos Turini talks with Nesh Nikolic from Better Thinking

Alternative Dispute Resolution – Better Thinking

Carlos Turini talks with Nesh Nikolic from Better Thinking. Nesh Nikolic is a Clinical Psychologist based in Canberra. They discuss ...
Gathering

Court should become the last resort for resolving family parenting and property disputes!

The Crisis in the Family Court System There are numerous media reports about the fact that the Family Court system ...
Compromise communication

Family Law Dispute Resolution

Resolving family disputes without going to court! Parties involved in a family law disputes are encouraged to attempt to negotiate ...
Coloured steps

The many stages in your family law matter

Last Updated: A family law dispute will have gone through many stages before it ends up at a final hearing ...

To mediate or not to mediate?

Alternative Dispute Resolution in Family Law When it comes to alternative dispute resolution (“ADR”), there is never a 'one size ...

Family Law – Private Binding Child Support Agreements

By Carlos Turini – Family Law Specialist On occasions, the parents of a child prefer to come to an agreement ...

Family Law: Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is a term that has become commonly used surrounding litigation. In relation to any family law ...
Two people signing agreement

Do I have to go to court for a divorce property settlement or childrens’ matter?

No, the vast majority of family law cases settle without the need for parties to end up in court. This ...


Surrogacy

Assisted Reproduction

Assisted Reproductive Technologies and Surrogacy

Unhindered access to Assisted Reproductive Technologies (ART) in recent years has provided an enormous boost to loving families who have ...
Baby in basket

Surrogacy Agreements and Parentage Orders

Surrogacy laws in each state and territory differ, and would-be parents, surrogates and other participants face an often complex labyrinth ...

Surrogacy in the ACT

A surrogate is a woman who carries a pregnancy for a person who cannot fall pregnant themselves due to medical ...

Is a Surrogate a Parent of a Child?

A women who carries a pregnancy for another person is called the ‘Surrogate’. When the child is born, the surrogate ...

Woman Loses Family Court bid for Baby to Dead Partner

In a recent judgement delivered this week[1], Justice Watts of the Family Court of Australia says he had no choice ...

Surrogacy – Decisions in the best interest of the child

In June 2011, Justice Garry Watts of the Family Court in Sydney ordered that a Queensland couple were the parents ...


De Facto Relationships

De Facto Partners Now Entitled To Superannuation Splitting Orders

By Carlos Turini – Family Law Specialist In a separate article, De Facto Partners’ Property Disputes Now in the Family ...

De Facto Relationships: “Contracting Out” of the Family Law Act

By Carlos Turini – Family Law Specialist In a separate article, De Facto Partners’ Property Disputes Now in the Family ...

De Facto Partners’ Property Disputes

Now in the Family Court Major amendments to the Family Law Act 1975 (Cth) came into effect from 1 March ...


Adoption

Different Nationalities

Adoption News

Adoption has been in the news recently with changes to the NSW adoption laws and recommendations for a national adoption ...
Adoption over 18

Can you legally adopt someone who is over 18?

Adoption is usually associated with young children, but it is also possible for adults to be adopted. Often, this is ...


Domestic Violence

Bungendore Police Station NSW

Urgent (and After Hours) Domestic Violence Orders in the NSW

If you are fearful for your physical or psychological safety you may apply for urgent, interim, protection orders, even on ...
Australian Federal Police - Image by trueblueline from Pixabay

Urgent (and After Hours) Family Violence Orders in the ACT

Urgent (and After Hours) Family Violence Orders in the ACT If you are fearful for your physical or psychological safety ...
Stop Domestic Violence

Family and Domestic Violence

The existence of domestic violence in relationships is sadly widely spread in today’s society. The perpetrators and the victims of ...
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Law Society of NSW Specialist Accreditation

Family Law Accredited Specialist Carlos Turini :

e: cturini@elringtons.com.au| p: 02 6206 1300