Archive for the
‘Family Law’ Category

  In this video, Lawyer, Dakota DeSantis discusses what you need to know about applying for a divorce. TRANSCRIPT Hi, my name is Dakota and I’m a Solicitor here in the Family Law Department and OMB Solicitors, I just wanted to have a quick chat with you today just in relation to how you would […]

In a perfect world, there would be no separation or divorce.  As we all know, however, the world is far from perfect. So sadly, divorce is the reality for thousands of Australians. In fact, more than 49,000 Australians got divorced in 2018. For those faced with this reality, the emotions involved can — and often […]

Here’s the thing about splitting up. Even if the reason for your separation was fairly straight forward and you are on decent terms, you may find life is complicated. In most cases this is because you must still make certain decisions about children and the division of property. You may also need to find a […]

Relationships in Australia have experienced an ongoing cultural shift in the past few decades. While marriage as an institution has declined in popularity, the 2016 Census found one in six Australians aged 15 or over now lives in a de facto relationship. Despite that development, many people are unaware of the legal status of de […]

Take Home Message Sadly, relationships breakdown despite the best intentions. No one goes into a marriage thinking that it will fold, but they do about one-third of the time. Consequently, when relationships do break down, the most common question family lawyers are asked is, “who gets what in a property settlement.” Who gets what in […]

In this article, we discuss commonly asked questions relating to a father’s rights after separation. Take-Home Message At Australia Lawyers our family lawyers have helped hundreds of men understand their rights after separation in Australia. Separation is a highly emotional time for all involved. However, in the case of men, many fathers are confused about […]

Divorce is an unfortunate reality of the world that we live in. While some manage to navigate the emotional minefield with minimal anguish, most end up embroiled in bitter legal proceedings. While financial concerns are often of great importance when separating, far more important are matters of the heart: children. When making arrangements for children […]

In popular culture, your wedding day is often portrayed as the single most important day of your life. For many, however, this special day will ultimately lead to divorce. While divorce rates have slightly decreased in Australia, it’s still a prevalent reality of modern life. Though no one assumes that their marriage will be one […]

Even if you and your spouse end your marriage on good terms, you’ll have to make certain decisions and try to reach consensus on various issues. One of them is how to divide your property. Legally, this type of agreement is called a property settlement. Here’s what you should know about the different ways in […]

Whether we like it or not, there are times in life when we have to choose our battles. In other words, we have to decide whether it is worth arguing over the issue at hand. This decision is often a factor when separated or divorced couples try to reach agreements regarding the division of property. […]

Whenever a marriage ends, there are some decisions that simply must be made. Unfortunately, hurt feelings, injured pride and resentment can make civil communication difficult, if not impossible. This in turn, makes it hard to agree on important matters, such as the division of property. When you can’t come to an agreement on your own […]

Separation from your partner or spouse is not an easy time for anyone. While there might be a number of other issues at the top of the stress list, it is extremely vital that you prioritise the reviewing and updating of your will. Without doing so, in the unfortunate event that you pass away or […]

If you’ve recently been divorced, it’s highly recommended that you update your estate planning documents to ensure the protection of yourself, your children, the rest of your family and your assets. Some of the issues covered below are important considerations when you and a former partner separate. 1. Creating a new will Assuming that your […]

When a couple with children gets divorced, there are seemingly endless logistic concerns they need to consider. Living arrangements, custody concerns, childcare payments, schooling, education, and more. However, less common concerns can come up as well, including documentation such as passports. So, how do you go about obtaining a passport for your child after going […]

Divorce is challenging in numerous ways, before, during and also after proceedings, often for much longer than either party ever really expects. Though you may have agreed on custody and child-rearing arrangements, it’s always an ongoing process of determining how to raise children, one where both parents are usually equally invested. Sometimes, however, the difficult […]

The decision in the case of Thorne v Kennedydelivered by the High Court of Australia in November 2017 has far-reaching implications for ‘pre-nups’ or ‘binding financial agreements’ between couples when the relationship breaks down. Details of the case Thorne v Kennedyinvolved agreements between a rich, 67-year-old property developer, Mr Kennedy, and his 36-year-old Eastern European […]

Consent orders Separation is a difficult situation on its own, let alone the added stress of dealing with consent orders on family law matters. Following a separation, if both parties reach agreement on parenting, financial or property arrangements, they can formalise those arrangements and make them legally binding by applying for consent orders from the […]