10 facts about spousal maintenance
Following separation, a spousal maintenance order can be made by the Court for one party to provide financial assistance to the other party. In this article we talk you through…
Spousal maintenance | A case study
Spousal maintenance is financial support paid by a spouse to their former partner in circumstances where they are unable to sufficiently support themselves. According to the Family Law Court of…
A Guide to Family Law Mediation
Mediation is a great method of resolving a dispute in both parenting and property matters in family law. Two of the biggest advantages of family law mediation are the time…
The ‘Bank of Mum and Dad’ and your Property Settlement
Helping your children buy a home - or borrowing from the 'Bank of Mum and Dad' - what happens if their relationship breaks down? High home prices mean that more…
On the 12th day of Christmas… review your Estate Plan
Starting your holidays? You might finally be able to take some downtime to stop and think about your family and future needs (if you can escape from the chaos and…
Thinking of international travel in the holidays and have parenting orders? Read this first!
International travel with children is an exciting experience for your family. However, before taking the trip, you should be aware of the process when there are parenting orders in place…
How to survive a relationship crisis at Christmas
Christmas is supposed to be a time for family and friends, filled with giving, peace and goodwill, but it can also be the loneliest and most stressful time of the…
The future of family law
There has been increased discussion in the media recently about the future of family law. You might recall our article from earlier this year which discussed some of the main…
Supportive parenting through separation
Parenting through separation can be stressful for both you and your children. As family lawyers, we see how damaging a separation can be on a child. This month, I attended…
5 reasons why you need an accountant in a property settlement
A family law property settlement is a major life event that often requires the services of an independent accountant. Here are 5 reasons why you might need an accountant in…
Why you need both legal and financial advice during a property settlement
A family law separation is one of the most significant financial events of your life. Often you will need legal and financial advice for your property settlement. For example, you…
Six things to take to your appointment with a mortgage broker
If you’ve reached a family law property settlement and you are going to be refinancing a property into your sole name, or you need to obtain finance to make a…
Why is estate planning important in family law?
Every family law situation is unique, so it’s important to ensure your estate planning arrangements have considered your current marital or relationship status and your future wishes. Consider this scenario……
Sperm donor considered legal parent
Yesterday, the High Court handed down a judgement that a sperm donor from Newcastle NSW, known as *Robert, is a legal parent of a girl conceived from his genetic material.…
Parenting Matters FAQs
Here at Catherine Henry Lawyers, our experienced family law team are often asked a variety of questions related to parenting matters. In this blog post, we've compiled a few of…
The child’s best interests are of paramount consideration
If you are involved in, or you know someone involved in, a parenting dispute before the family law courts you might have heard the statement 'the child’s best interests are…
Family Law for the future – Final Report released with 60 recommendations for the improvement of the family law system
Following on from the Senate’s recent rejection of the proposed amalgamation of the Family Court of Australia and Federal Circuit Court of Australia, the highly anticipated Final Report of the…
High Court of Australia to hear case on the rights of a sperm donor as a legal parent to a child
The High Court of Australia will begin hearing a case on Tuesday 16 April 2019 regarding whether or not a sperm donor can legally be regarded as a parent. The…
Five things accountants should know about family law
For solicitors and accountants, 'simple' family law matters are becoming far less common. We’re seeing more and more clients coming to us with complex legal structures such as companies, trusts…
Can I be liable for my ex’s tax debt?
This question was recently considered by the High Court of Australia in the case of Commissioner of Taxation v Tomaras [2018] HCA 62. It was confirmed that yes, the Court…
How an AVO (or ADVO) can affect your existing parenting orders
If you have existing parenting orders in place and there is a subsequent Apprehended Domestic Violence Order (ADVO) or Apprehended Violence Order (AVO) taken out against you, or for your…
Common issues with Self-Managed Superannuation Funds (SMSFs) in Family Law
According to the ATO, over a million Aussies (and climbing) are members of a Self-Managed Super Fund (SMSF) as opposed to a defined benefit scheme or more typical accumulation fund.…
Can I stop my ex taking our children overseas?
We were recently contacted by a person seeking advice because he was concerned that his ex was going to take his children overseas without his consent. Where do you stand…
I have a pre-nuptial financial agreement, my ex won’t be able to touch my assets… right?
The High Court of Australia has warned people who have a pre or post nuptial financial agreement in place (or are considering entering into one) not to assume that because…
If in doubt about child support, get a paternity test!
The Court has the power to order that the payee (person receiving child support) repay child support where it is proven that the payer (person paying child support) is not…
I have a Binding Child Support Agreement which is no longer suitable, what do I do?
A Binding Child Support Agreement (BCSA) sets out the agreement between parents as to child support. It is an alternative to having a regular assessment undertaken by the Child Support…
A review into the family law system
In this year's budget, it was announced that the Family Law Act is to undergo major review. The investigations into possible reforms were due to commence on 1 October. Over…
Do de facto couples really have the same rights as married couples?
The same sex marriage vote has sparked a lot of conversation regarding the rights of de facto couples compared to couples who are married. Former Prime Minister Tony Abbott, in…
My ex and I have agreed on parenting arrangements…what happens next?
Firstly, well done! It can often be a difficult and drawn out process to agree on parenting arrangements for children. While you don’t have to, we recommend that the next…
How long will my property settlement take?
I am often asked "How long will my property settlement take?" It is a difficult question to answer. In a typical family law property settlement, the matter usually proceeds as…