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In Australia it is usually the case that spouses are expected to support themselves after separation. However there are exceptions. In some circumstances a party can claim maintenance from the other party. This is known as spousal maintenance. It is important to understand that...

In Australia there is one ground for divorce; irretrievable break down of marriage. This is evidenced by one year’s separation. In the ordinary course of things, you can apply for divorce after one year’s separation. However, the Court will not make a divorce order if...

It is usually the case that money lost and liabilities incurred during a relationship are shared by the parties. If money was lost while pursuing income or attempting to gain assets for the benefit of the parties, the losses are likely to be shared. The behaviour of the parties...

In the event that you and the other parent of your children reach an agreement about parenting your children after separation, you may wish to consider entering into a Parenting Plan or Consent Orders. Many parents reach agreement regarding the parenting of their children without...

An Independent Children’s Lawyer (“ICL”) may be appointed by the court upon application by one of the parties, or of the court’s own motion, depending on the circumstances of the case. An ICL acts in the best interests of the children but will not act merely on the children’s...

Superannuation is usually dealt with as another asset of the separating parties. However, superannuation is a unique type of property and while its value is taken into consideration in a property settlement, it is dealt with differently to other assets. Specific laws govern how...