The Federal Circuit Court of Australia has recently introduced in family law disputes the Priority Property Pool Regime which deals with matters valued at under $500,000 (‘PPP500 regime’). In order to qualify for the PPP500 regime, you need to meet the following criteria:

So someone had successfully convinced the Court to make an Intervention Order (‘IVO’) against you. Whilst the IVO is in place, you are bound to comply with the terms and conditions of the IVO and, if you breach those terms or conditions you are likely to receive a punishment which may include imprisonment.

I am commonly asked if you can appeal an IVO or have the conditions of an IVO changed. The short answer is ‘yes you can’. You cannot, however, appeal an Interim Intervention Order.

Where possible, we generally recommend, upon separation, that one of the parties to a failed relationship secure alternate accommodation. Of course, it is not always practical for one or both parties to a failed relationship to rent or purchase a new home.

How should you determine who gets to stay in the house?

Many Australians assume, after divorce or separation upon break down of a long relationship, the assets of the marriage (or separation) are simply split down the middle – half to one and half to the other. While this may have been the case a long time ago, in most instances a straight 50-50 split may result in an outcome that is unfair to one of the parties.

A Binding Financial Agreement (BFA) is the Australia term for the type of agreement frequently known as a ‘pre-nup’ or pre-nuptial agreement. Parties who wish to make plans for their division of property at the end of a relationship may look to make a BFA at the start of the relationship. However, there are several reasons why this decision may not be suitable.

Being separated from a former partner but still living within the same household is not uncommon, especially in times of economic hardship, or in situations where one party to the relationship may have a lower earning capacity, less savings, a disability or some other factor which might hinder their ability to move out or otherwise find independent living arrangements.

An Intervention Order (formerly known as a Restraining Order) is a Court order which helps protect you and your family if you are a victim(s) of abuse.  A properly worded Intervention Order will not only prohibit a person (the defendant) from behaving in a certain manner towards the protected person(s) but can also order the defendant to comply with certain directions including not being allowed to be within say 100m from the protected person(s).

If you are one of the many persons facing separation and contemplating relocating with your children, here are some tips to help make the process smoother. 

Smooth and simple separations are the exception rather than the norm, for fairly straightforward reasons. When the time comes to separate from a spouse or de facto partner, emotions run high, stress levels peak, particularly where money is involved (as it most often is, especially for couples who have been together for a long time). It’s only human.