A stepchild is a person who is not the biological child of their parent’s spouse but is legally considered a child of that parent due to their marriage or de facto relationship. In Victoria, stepchildren do not automatically have the same legal rights as biological children when it comes to inheritance from their stepparent. If…
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Relationship breakdowns can be stressful and difficult situations to go through, and this is especially true when children are involved. Not only will their welfare and custody need to be taken into account, but it is also necessary to determine the amount of child support which must be paid, and by whom. Knowing how child…
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If you’ve recently encountered the breakdown of a de facto relationship, then you might be wondering what your legal rights are moving forward. Or perhaps you’re currently in a de facto relationship and know little about the legalities of this arrangement. Although you and your partner are unmarried, you may be surprised to hear that…
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The death of a loved one can be a challenging time fraught with big decisions. In some cases, a person may feel as though they’ve been left out of a loved one’s will or treated unjustly by the deceased (also known as the Testator). At other times, a person may call into question the validity…
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Separating couples should make reasonable attempts to agree on the future living arrangements, care and responsibility for their children. The Family Law Act 1975 (Cth) provides that, unless there are extenuating circumstances, dispute resolution is compulsory if agreement cannot be reached, prior to bringing an application for parenting orders to the family law courts. Unless…
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If you’re in the unfortunate situation of going through a break-up you have probably heard all sorts of ‘advice’ from well-meaning friends and family. Family and friends are a great source of emotional and physical support when you have separated, however good legal advice is essential so you are aware of your rights. Being properly…
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Probate is a grant made by a Court that ‘proves’ the Will of a deceased person and vests title to estate assets in the executor/s. This is the official process that allows the executor to deal with the deceased’s estate. As the legal personal representative of the estate, the executor must determine the assets and…
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Dividing property after partners separate is generally stressful, with each party concerned about his or her financial future. The bankruptcy of one party adds a further dimension of complexity to a family law property settlement. Even partners whose relationship is intact should seek urgent legal advice if one of them is facing bankruptcy or insolvency…
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Separated couples unable to resolve matters regarding parenting and finances through mutual agreement can apply for interim orders in the Federal Circuit Court (or Family Court for some more serious and complex cases). Interim orders are “temporary orders” and usually made as a matter of urgency to determine parenting and financial matters until the final…
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Family law proceedings can become very stressful. The last thing you should be worrying about is exorbitant legal fees. However, your family law fees do not necessarily have to become a burden. We have provided our top 10 tips on ways in which you can keep your legal fees reasonable! Although family law proceedings can…
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