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  • Divorce in the Digital Age

    When faced with a topic we are unfamiliar with or that we find daunting, more than ever before, we have tendency to go online and “do our own research”, arm ourselves with knowledge and draw our own conclusions before making a decision that is right for us.

  • From the ‘Bank of Mum and Dad’ to Financial Agreements: Securing Australia’s Generational Wealth Transfer

    Demographically, Australia is experiencing significant intergenerational wealth transfers and will continue to do so for some time. 

  • Introduction to Family Dispute Resolution

    When dealing with family conflict, the law always encourages parties to resolve their disputes without having to resort to litigation, and there are a number of dispute resolution mechanisms available. The affected parties have the option to engage with a process of their own choosing or alternatively, can seek the assistance of the court who may refer the parties to family counselling, family dispute resolution, or other alternative family services as outlined in the Family Law Act 1975 (Cth) (the FLA).

  • Getting a divorce? Here’s what proof you need

    Under Australian law, a reason is not required to be given for an application for divorce. However, there must still be proof of the marriage’s ‘irretrievable breakdown’ in order for a divorce to be granted by the courts. Section 48 of the Family Law Act (the FLA) dictates that the court will only make an order for divorce if the parties have shown that there has been an irretrievable breakdown of the marriage by separating from one another for at least one year (note this does not require living separately). Other elements also must be proven to show an ‘irretrievable breakdown’ to allow the court to grant the parties a divorce.

  • Voluntary and mandatory child abuse reporting requirements

    It’s generally accepted that parents are responsible for the care, protection and upbringing of a child. Matters to do with children and the family are usually dealt with under the Family Law Act 1975 (Cth), or alternatively, by the Family Court Act 1997 (WA). However, if a child has been charged with a criminal offence, is suffering from abuse, or is in need of care, the states and territories have the authority to act in respect to the maltreatment of a child.

  • Testamentary Guardianships and Children

    Having children can change a person’s worldview. Formerly unimportant issues may all of a sudden take on a different complexion when you have kids of your own. There’s nothing quite like being responsible for another person to overhaul someone’s life. All of a sudden, matters such as schooling and kid friendly restaurants seem to take prominence.

  • Navigating a Globalised World: Australian Financial Agreements and Overseas Jurisdictions

    In today's interconnected world, individuals are increasingly transcending borders, pursuing education, careers, and relationships across continents. Global mobility brings with it a unique set of challenges, particularly when it comes to planning for the financial future of a de-facto relationship or marriage in the event of separation.

  • “The Road Ahead: What the New Family Law Act Amendments Mean for Families”

    Major amendments to the Family Law Act 1975 (“the Act”) were passed by the Commonwealth Parliament on 19 October 2023 (“the Amendments”). The Amendments have not yet come into effect but are expected to roll out imminently.

  • The Owies Trust Controversy: When Family and Finances Collide

    Trusts can be a powerful tool for preserving and distributing family wealth. The Owies Family Trust, with its generous asset base and complex beneficiary structure, appeared to be a model of financial planning. However, the estrangement of key family members in 2011 set off a chain of events that challenged the very essence of trust law.

  • OSD Presents… Handy Hints

    Handy Hints about family law. Find links here to useful information. [...]