Armstrong Legal Family Law Blog
On 27 January 2012, Attorney General Nicola Roxon delivered a media release which stated that as of 1 February 2012 there were to be certificates of no known impediment to marriage issued for same sex couples.
“The important change will allow same sex couples to take part in overseas marriage ceremonies, and be considered married according to the laws… Read more
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Many people have heard prenups talked about on American legal television shows. Binding Financial Agreements (which many know as prenups) are commonly used in family law matters in Australia to deal with a number of situation. People choose to use Binding Financial Agreements if:
• They are planning to enter a de facto relationship or to get married;
… Read more
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In a recent Family Court decision, her Honour Justice Rees has taken what at first blush might seem the extraordinary step of banning a mother from attending at her child’s school. With a closer understanding of the facts of the case, the Judge’s decision is, perhaps, not quite so surprising.
The case, known by the Court as Materanzi… Read more
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Arguably relocation matters are the most difficult cases for a Court to decide the children’s best interest. The Court has a wide discretion in determining parenting matters, referring to the factors listed in Section 60CC of the Family Law Act.
Considerations that may weaken an application to relocate include the following:
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In a recent article, “Women now happy to walk”, Jacquie Hayes makes the argument that women are now more willing to leave relationships due to what has been a general improvement in their financial position.
In the article, published on 11 February 2012 in The Australian Financial Review, Hayes states that, “determining if women are making… Read more
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The Sydney Morning Herald on 4th February 2012 published an article by Adele Horin entitled “Revenge and despair place children at risk” which refers to Debbie Kirkwood’s study “Just Say Goodbye.” Dr Kirkwood ,who is the research officer at the Domestic Violence Resource Centre, Victoria, asks the question: why are some children intentionally murdered by their parents at the time… Read more
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Many people are not clear about the meaning of separation for the purposes of family law. What does it mean to be separated for the purposes of family law? It is important to know and understand that there are different types of separation. Firstly, there is separation under one roof. This occurs where spouses or de facto partners are separated… Read more
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In an article by Caroline Overington, published in the Weekend Australian on 11 February 2012, “The Wedding Vow”, the issue of forced marriage in relation to children is discussed.
A large portion of the article focuses on an interview Overington had with Dr Emran Sharobeen, who herself was promised to her cousin from the age of 14 years.… Read more
Have you ever wondered in what way superannuation is relevant to your property settlement? You are not alone. Many people contemplating separating from their spouse or de facto partner (or who have recently separated) ask this question: “Is my super taken into account in my property settlement? Is my spouse/ de facto partner entitled to some of my super?… Read more
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Dear Ms Roxon,
I am a lawyer with over 18 years litigation experience, and a Senior Family Lawyer at Armstrong Legal, one of Australia’s largest private family law firms.
My colleagues and I are understandably concerned about what you described as “A small administrative error”, the result of which may call into questions steps taken and Orders made in… Read more
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