Mediation or FDR is a process by which the Mediator/FDRP is responsible for assisting you and your ex decide the following: 1. What you both agree you want to discuss. The Mediator/FDRP cannot compel you to discuss a matter in … Continue reading
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My ex has died: does that mean I get everything?
Family law clients may be asked by their lawyer about their health and the status of the health of their former partner. Some clients are perplexed by this and don’t immediately understand the relevance. Health certainly can play a role … Continue reading
LIV Honorary Life Member Award Given to Caroline Counsel
The Law Institute of Victoria (LIV) has recently announced the recipients of their annual Awards. The LIV recognizes Victorian lawyers for their outstanding contributions to the legal profession. The highest ranked honour which may be bestowed on a member is … Continue reading
Why Won’t My Family Lawyer Give Me A Straight Answer?
A common misconception you may have when you engage a family lawyer is that they will give you the magical answer you are looking for. You hope that your family lawyer will be able to make the stressful and … Continue reading
Are we just dating or are we in a de facto relationship?
The Family Law Act provides creates rights in relation to property matters for married couples and de facto couples upon the breakdown of their relationship. It’s easy to know if you are married, but how do you know if you … Continue reading
“It’s Yours…Unless We Split” – What happens to the gifts I gave my ex after we separate?
A recent listing of a Tiffany & Co engagement ring on Facebook Marketplace has raised debate over the legality of selling gifts you gave or received from your ex. In that Facebook Marketplace post, the vendor said, “I … Continue reading
I studied at Uni – now I am divorced who pays my HECS debt?
Many people undertake further education as a means of increasing their earning capacity. Sometimes people have time on their hands after children are born or a redundancy from work. This raises the question whether the Court considers a HECS … Continue reading
I received a compensation payment during my marriage. Do I have to pay any to my ex?
Personal injury awards are financial contributions to a relationship. In making property orders, the Court is required to take into the financial contributions made directly and indirectly by or on behalf of a party to the acquisition, conservation … Continue reading
I want to re-partner second time around; what are the risks?
Many clients falsely believe that if they have been divorced once, that they will be wiser and know how to avoid the pitfalls the second time around. The reality is that love may not be enough to save their … Continue reading
I’m separated, in the Family Court and want to travel overseas with my children –can I?
Now that our borders have re-opened after the unprecedented Covid-19 pandemic, overseas travel is now an exciting possibility for us. However, what happens if you are currently in Court with your ex-partner in relation to parenting issues and you or … Continue reading
Can my ex-partner demand I not vaccinate my child against Covid-19?
When one parent requests the other parent to not vaccinate their child against Covid-19, one may ask, what are my options and what will the Federal Circuit and Family Court consider in its determination as to whether or not the … Continue reading
