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Is Everything Split 50/50? How Property Is Really Divided in an Australian Separation
In Australian family law separations involving property or financial disputes, there is no automatic right to 50% of the net asset pool and there is no mathematical formula or standard entitlement for either spouse. A property settlement depends on the circumstances of the relationship, and must produce an outcome that is just and equitable, or in other words, it must be fair in the circumstances of the relationship.
What Is an ADVO? Apprehended Domestic Violence Orders in NSW Explained
When relationships break down, allegations of family violence often have serious and long-standing consequences and family law proceedings. It is all too common for parties negotiating parenting arrangements, a property settlement, or seeking to commence proceedings in the Federal Circuit and Family Court of Australia to also have an Apprehended Domestic Violence Order (ADVO) against one of the parties to the relationship.
Pet Custody & High-Value Animals in Property Settlements
In high net worth family law disputes, the question of “who keeps the dog?” can involve assets worth millions. From elite show dogs to racehorses and specialist livestock, these matters move well beyond companion animals and into the realm of significant property interests.
High Net Worth Divorce: Privacy, Media & Business Protection
Family law proceedings in Australia are generally heard in open court. However, the Court has broad powers to restrict attendance, suppress identifying information, and it is a criminal offence to publish material that identifies a party in most family law matters. For individuals with a public profile or significant business interests, these protections, combined with early planning around social media, financial disclosure and confidentiality, can help minimise unnecessary exposure. Here's how privacy, media, evidence and commercially sensitive information are managed during a high net worth separation.
Protected Confidences in Family Law: Keeping Sensitive Records Out of Australian Courts
Family law disputes often involve intensely personal issues. Many parents are understandably concerned about what happens to counselling notes, medical records, or information shared with support services after separation. A common question we hear is: “Do I have to hand over private records if my case goes to court?”
Read more here.
The Use of Generative Artificial Intelligence in Family Law Matters: Risks, Limits and Court Expectations
Generative AI will continue to evolve and will play an increasing role in legal practice. Courts have made it clear that they are not opposed to its use—but they expect lawyers and all users to adopt it thoughtfully, responsibly and in strict compliance with existing obligations.
In family law, however, the use of generative AI requires particular caution.
Recognising Coercive Control Under the Family Law Act and Its Impact on Parenting
Coercive control is complex and often hidden—yet its effects on parents and children are profound. Understanding the nature, risks and legal significance of coercive control is essential to achieving safe and just outcomes in family law matters.
Separation and the Family Home: Can I Stay in the House?
The answer to ‘who stays in the family home after separation’ is not always straightforward. Under Australian family law, both partners generally have the right to remain in the property—even if it’s in one person’s name. Short-term solutions like living under the same roof or adopting a nesting arrangement can help, but safety and wellbeing should always come first. If you can’t reach an agreement, the court may issue exclusive occupation orders to resolve disputes.
How Important are my Children’s Wishes in Court Proceedings?
Discover how children’s wishes are considered in Australian family law proceedings. Learn what factors influence the weight given to a child’s views, how the Court obtains those views, and why judges don’t meet children directly. Dorter Family Lawyers explains the process, safeguards, and practical guidance for parents navigating custody and parenting arrangements.
Shinohara: The End of Add-Backs in Family Law Property Settlements
Learn how the 2025 Family Law Act amendments and the Shinohara decision end “add-backs” in property settlements, reshaping asset division in Australia.
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