Separation can be a complex and emotionally charged process, especially when couples continue to live under the same roof. Understanding the factors that the Court considers in determining whether a separation has occurred is essential. The RMB Family Law Division explains.
RMB Lawyers Partner and Family Law practitioner Claire Osborne explain important changes to Family Law legislation in 2024.
Holiday times can be a particularly difficult time for parents when they are newly separated. The RMB Family Law Division provides some tips on how to smooth out potential rough spots.
The Federal Circuit and Family Court of Australia often requests reports containing certain external evidence about what is best for the child/children when it is making arrangements for the children of parents who are divorcing. The RMB Lawyers Family & Relationships Law Division explains.
There is a common misconception in Australia that there is a set age at which a child can choose which parent they live with after the breakdown of a marriage or de facto relationship. The RMB Lawyers Family & Relationships Law Division explains.
In a marriage or de facto relationship, lottery wins before, during and even after separation can be included in the asset pool or considered when dividing property between separating spouses. The RMB Lawyers Family & Relationships Law Division explains.
In Family Law, property settlements and divorce are often used as interchangeable phrases. However, the process of parties negotiating and separating their financial assets is a separate process to filing for a divorce. The RMB Lawyers Family & Relationships Law Division explains.
The presumption that it is in a child’s best interests that after a family break-up parents have equal shared responsibility for major decisions affecting their children has been the cornerstone of Family Law in Australia. However, that could be about to change, as the RMB Lawyers Family & Relationships Law Division explains proposed amendments to the Act:
Societal changes over the last 40 years means that the current Family Law Act 1975 is not meeting the needs of separating families. The RMB Lawyers Family & Relationships Law Division explains proposed amendments to the Act:
Updating your Will is not generally a priority for people separating from the spouse. But it should be, as RMB Lawyers Partner CLAIRE OSBORNE explains.
Separation can be a time of heightened stress and anxiety for parents, particularly if one parent is a citizen of an overseas jurisdiction and/or the children of the relationship have passports in the other parent’s possession. RMB Lawyers Partner CLAIRE OSBORNE explains what can be done if you believe your children are at risk of being removed unlawfully from Australia.
Do grandparents have rights to see their grandchildren? RMB Family Law division explains that there are avenues for grandparents to apply for access to their grandchildren if they have been cut off.
In Family Law parenting cases, the best interests of the child or children is the fundamental principle in determining care arrangements. The RMB Family & Relationships Law Division explains why the issue of unacceptable risk can be a key element.
“Puppet masters” of discretionary trusts can be crucial in Family Law property settlements. RMB Family Law Lawyer LUKE ELLIOTT explains. The RMB Family & Relationships Law Division explains.
In September, 2021 the Federal Circuit Court of Australia and the Family Court of Australia merged to form one Court known as The Federal Circuit and Family Court of Australia. The RMB Family Law Division explains.
Full and frank disclosure of financial matters by couples who are separating is the key to avoiding the stress, effort and costs associated with a delayed property settlement. The RMB Family Law division explains.
Changing the locks on your home after separation is not necessarily straightforward. The RMB Family Lawyer division explains.
De facto couples have many of the same rights and obligations as married couples when they separate. The RMB Family Lawyer division explains how a de facto relationship is defined under the Family Law Act:
Posting on social media during or after a family law court case can be fraught with problems, as the RMB Lawyers Family and Relationships Law division explains.
There is a world of difference between a good family lawyer and a bad one. RMB Lawyers Managing Partner CRAIG OSBORNE explains the qualities he sees in a good family lawyer.
At the early stages of your separation, knowing what resources are available to assist you can alleviate significant financial stress. RMB Family & Relationships Law division reports.
RMB Family & Relationships Law Division explains the four steps involved in property settlements.
When couples separate it’s often hard enough for them to decide who is getting the television, the couch or even the children. And when it’s the family pet, it’s by no means less complicated, as the head of RMB Lawyers’ Family & Relationships Law Division CLAIRE OSBORNE explains.
Changing a child’s surname can’t be done simply as a matter of convenience to one or other of the parents. There are many other considerations, as The RMB Family & Relationships Law division explains:
Domestic violence laws have been changed in Australia to ensure better protection for victims across State and Territory boundaries. RMB Lawyers Partner MARTIN CULLETON explains: