Australia: Family Law

Subscribe
Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.
Article
Left Out Of A Will? Rights Of Spouses And De Facto Partners In Western Australia
When a spouse or de facto partner excludes you from their will or fails to make adequate provision, Western Australian law provides recourse through the Family Provision Act 1972. The Court evaluates multiple factors including estate size, your existing provisions, financial circumstances, and the deceased's moral obligations to determine if additional provision is warranted.
Australia Family
HL
HHG Legal Group
Article
Making Sure Your Superannuation Goes Where You Intend
When you pass away, your superannuation doesn't automatically become part of your estate—it's held in trust and distributed according to specific rules. Without the right nomination in place, the fund trustee, not your will, may decide who receives your super. Understanding binding versus non-binding nominations and ensuring your documentation is valid can make the difference between your wishes being honored or your super going to unintended beneficiaries.
Australia Family
CO
Carroll & O'Dea
Article
Break And Enter Laws: Is It Legal To Forcibly Enter An Ex Partners Home After Moving Out?
The NSW government has proposed landmark reforms to close a legal loophole in break-and-enter laws that currently prevents prosecution of former partners who forcibly enter homes they have a legal interest in. The Crimes Amendment (Breaking and Entering Offences) Bill 2026 introduces new conditions specifically targeting intimate partner violence, requiring courts to determine whether an accused is an "occupant" based on factors like relationship status and prior agreements, while also mandating that a pers
Australia Criminal
CD
Criminal Defence Lawyers Australia
Article
How To Apply For A Divorce In NSW: A Step-by-Step Guide [Updated 2026]
Navigating the divorce process in New South Wales requires understanding specific eligibility requirements, documentation needs, and court procedures. From establishing the mandatory 12-month separation period to lodging your application through the Commonwealth Courts Portal, each step involves precise legal requirements that must be satisfied before your marriage can be formally dissolved.
Australia Family
U
Unified Lawyers
See more