Insights & News
You Can't Take it With You
Ms A was described as a "fabulously wealthy heiress". She married Mr A when they were both in their forties, neither of them worked in paid employment during their marriage, which broke down after 17 years, leaving four children, and a pile of money.
The Unmade Marriage
The stories told in some cases can invite a reader to take them lightly...until you realise that these are the stories of real people, and real suffering.
Why Can't We Just Agree?
In December last year a judge of the Family Court dismissed an application before him in five short sentences. That is unusual in itself. My discussion of it will not be quite as brief.
When is "Nil" as good as $10?
The Federal Government has proposed some further changes to the Family Law Act. Some of these deal with family violence and the press release is timed to coincide with International Day for the Elimination of Violence Against Women.
Urgent or Interim Spouse Maintenance?
The decisions in some cases under the Family Law Act do not raise new issues of principle or have significantly different facts but remind us of the correct approach that needs to be taken in similar cases.
What Do You Call a Collection of Experts?
Some people entertain themselves by trying to remember or even invent collective nouns. As we know some of those collective nouns are weird, like "a murder of crows". Some are boring. What do you call a collection of experts?
The Adultery Factor (in South Africa)
A recent case from South Africa, we are told, has seemed to fix a very obvious anomaly in family law in that country.
What's in a Name?
At Pearson Emerson Meyer our lawyers all take care to keep up with the law and that means keeping up also with reports of decided cases. Keeping up to date is necessary but it can be a bit of a headache.
Husband and Wife and the Taxman Makes Three
In most cases, when you start a relationship there are just the two of you. However at the end of the relationship, it is not unusual for there to be quite a few others wanting a seat at the table.
A Testament to Perseverance
In cases concerning property settlement and financial adjustment on relationship breakdown, the courts insist upon full and frank disclosure.
Does "Location Location Location" apply to Family Law?
As we have in these articles observed often before, it is a small world and getting smaller. More and more cases involve people from, or going to, countries other than Australia but involving the courts in Australia.
When the Hague Convention does not Apply
In recent months we have reported on a number of Hague Convention matters. Those applications have dealt with issues of international child abduction where a child is either retained in or removed from a convention country.
How Long is Too Long to Wait to Make a Claim After Divorce?
Under Australian law, claims for financial relief cannot be commenced after one year from the date of divorce (or two years from the date of separation in the case of de facto couples), without permission from the Court.
Inconsistencies between Parenting Orders and Family Violence Orders
The Family Law Courts take allegations of family violence very seriously.
De Facto or No?
In a very recent case called Kristoff & Emerson a judge of the Federal Court decided whether or not two people had lived in a de facto relationship.
The Dilemma of Loans & Financial Gifts in Family Law
A dilemma that often arises in family law is whether money paid by a parent to a child (to help with paying the deposit on a home for instance) will be considered a gift or a loan when the child's relationship breaks down and there is a financial dispute.
De Facto Relationships – The Jurisdictional Fact
On 1 March 2009 couples previously without rights under the Family Law Act were finally afforded rights under the Act in line with those rights afforded to married couples. The de facto couple is defined in S4AA of the Act.
When Can a Binding Child Support Agreement Be Set Aside?
Under the Australian child support legislation, parents can reach agreement about the amount of child support to be paid, by entering into a child support agreement.