Australia: Family Law

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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.

Settlement Offers And Costs Protection In Family Law Matters – The Benefits Of Genuine Negotiations

As family lawyers, we are often asked the question about whether the other party should be forced to pay their legal costs, especially when the other party is taking an unreasonable or very litigious approach.

Australia Family

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Kalus Kenny Intelex

The Importance Of Commissioner Of Taxation v Bendel In Family Law Matters

The landmark case of Commissioner of Taxation v Bendel (Bendel) has garnered attention from family lawyers because of its potential implications on tax issues in property settlements involving family trusts with corporate beneficiaries.

Australia Family

KK

Kalus Kenny Intelex

The difference between Parenting Plans and Parenting Orders – Part Two

Looks at how Parenting Orders differ from Parenting Plans and their comparative advantages and disadvantages. Link to part one provided.

Australia Family

CO

Carroll & O'Dea

Shinohara draws the curtain on ‘add-backs' in property settlements

Parties have always contested the use of ‘add-backs' in property settlements. Recent legislation changes and case law clarify how the court now approaches this issue.

Australia Family

CG

Cooper Grace Ward

The what, when and how of Parenting Plans to promote healthy co-parenting – Part One

Australia Family

CO

Carroll & O'Dea

Separation and divorce in Port Lincoln: What to expect and where to get help

Australia Family

MO

Mellor Olsson Lawyers

With or without you – Undefended hearings in family law

Australia Family

CG

Coleman Greig Lawyers

The death of add backs

Australia Family

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HHG Legal Group

Harmful Proceedings Order In Australian Family Law: What It Means And How To Apply

Australia Family

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Unified Lawyers

Can Police Enforce Family Court Orders In Australia?

Australia Family

JF

Justice Family Lawyers

Legal Options If Your Ex Stops Paying Child Support

Australia Family

JF

Justice Family Lawyers

Blended Families And Legal Parenting Rights: What You Need To Know

Australia Family

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Justice Family Lawyers

Understanding Family Law Property Settlement Add Backs

Australia Family

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Justice Family Lawyers

Step Parents: Let's Help You Step up for the Job!

Australia Family

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JB Solicitors

AS4000:2025 – What is all the fuss about?

Australia Real Estate

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Swaab

Senate Inquiry 2025: Tackling Greenwashing And Restoring Trust In Sustainability Claims

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Immigration And Australian Federal Election Campaign Promises

Australia Immigration

IL

Interstaff Immigration Agency

APAC Monthly Private Wealth Legal Developments – July 2025

Worldwide Finance

KL

Herbert Smith Freehills Kramer LLP

Michael Byrnes appeared on Breakfast with Tim Webster on 2SM on 23 July 2025 to discuss workplace relationships and that Coldplay concert

Australia Employment

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Swaab

Fathers' Rights Child Support: What Fathers Need To Know Now

Fathers should not immediately contest or change child support assessments without legal advice.

Australia Family

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JB Solicitors

Understanding How Coercive Control May Impact Your Property Settlement Following Amendments To The Family Law Act

Recent amendments to the Family Law Act 1975 (Cth) recognise the growing awareness of the subtle yet damaging nature of coercive control and the need to holistically consider its impact on property settlements following separation.

Australia Family

CG

Cooper Grace Ward

Clarifying Partnership Law in Family Businesses: Lessons from Mir v Mir [2025] NSWCA 154

Case explores how courts determine whether a partnership exists - especially in complex family business arrangements.

Australia Family

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McCabes

Demytifying Broken Heart Law : Can I sue for adultery in Australia

There's no "broken heart law" in Australia, but there are clear rights and pathways forward if infidelity has torn your relationship apart.

Australia Family

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Unified Lawyers

What is section 79A of the Family Law Act

Australia Family

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Unified Lawyers

The Importance Of Specialist Family Law Advice When Dealing With Family Violence

Australia Family

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Coleman Greig Lawyers

Adult child maintenance in Australia: a complete guide

Australia Family

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Unified Lawyers

Recognising the legal red flags: when to refer clients to a family lawyer

Australia Family

MO

Mellor Olsson Lawyers

Understanding Spousal Maintenance: Who Pays And Why?

Australia Family

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Justice Family Lawyers

Can You Get Divorced Without A Property Settlement?

Australia Family

JF

Justice Family Lawyers

What to Expect During a Final Hearing in the Family Court

Australia Family

JF

Justice Family Lawyers

How To Handle Parenting Disputes When Communication Breaks Down

Australia Family

JF

Justice Family Lawyers

Can Grandparents Apply for Custody or Visitation Rights in Australia?

Australia Family

JF

Justice Family Lawyers

How To Stop a Recovery Order From Your Ex Spouse

Australia Family

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JB Solicitors

What to Expect During a Final Hearing in the Family Court

The most common questions about what happens during a final hearing in family court.

Australia Family

JF

Justice Family Lawyers

How To Handle Parenting Disputes When Communication Breaks Down

What steps you can take to protect your children and your rights.

Australia Family

JF

Justice Family Lawyers

Can Grandparents Apply for Custody or Visitation Rights in Australia?

The Family Law Act 1975 recognises the important role grandparents can play in a child's life.

Australia Family

JF

Justice Family Lawyers

How To Stop a Recovery Order From Your Ex Spouse

A recovery order, as the term states, recovers someone or something.

Australia Family

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JB Solicitors

Marital Home Rights: What Do I Get After a Breakup?

Australia Family

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JB Solicitors

Errors in property pool calculations

Practitioners and professionals should bear this case in mind in preparing for a financial hearing.

Australia Family

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Barry Nilsson

When long-term cohabitation doesn't guarantee a property adjustment

This decision puts paid to the perception of the family law jurisdiction that "everyone gets a prize".

Australia Family

BP

Bartier Perry

Do Grandparents Have Rights to See Their Grandchildren?

Grandparents do not have automatic legal rights to see their grandchildren.

Australia Family

WT

Watkins Tapsell

The top 5 things to know about Pre-nuptial Agreements – before you ask your fiancé for one

Pre-nuptial agreements have been legally recognised since the FLA was amended in 2000.

Australia Family

CO

Carroll & O'Dea

Wastage in Family Law

Australia Family

U

Unified Lawyers

Prenuptial agreements for de facto relationships

Australia Family

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Unified Lawyers

Understanding Occupation Orders in Family Law

Australia Family

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Unified Lawyers

Does a Prenup Protect Future Assets in Australia?

Australia Family

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Unified Lawyers

Sneaky Divorce Tactics

Australia Family

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Unified Lawyers

Family law disputes and counselling – are my counsellor's notes confidential?

Australia Family

CG

Cooper Grace Ward

Lending adult children money? This could save you from going to court - The Sydney Morning Herald

Australia Family

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Barry Nilsson

Prenuptial agreements - insights from a prenup lawyer

Australia Family

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Justice Family Lawyers

Amendments to the Family Law Act commencing 10 June 2025

Australia Family

BP

Bartier Perry

Family Consultant Report: How Does It Reveal Child Abuse?

Australia Family

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JB Solicitors

De Facto Separation NSW: What Rights Do You Have?

Australia Family

JS

JB Solicitors

Average Age to Get Married

Australia Family

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Unified Lawyers

Interdependent partner vs de facto: Key differences explained

Australia Family

U

Unified Lawyers

Tips for Parents Following Separation

Australia Family

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PCL Lawyers

Family Law (Property) changes are coming - what you need to know

Australia Family

CO

Carroll & O'Dea

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Latest Videos

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BFA Family Law Basics 2025

JS

JB Solicitors

Home Affairs and the Tribunal Should Provide Logical Reasons for Their Decisions

RM

Roam Migration Law

It Depends – The many uses of financial agreements from a family law perspective

CG

Cooper Grace Ward

How do I keep the house? (part one)

CG

Cooper Grace Ward

It Depends – Can a family trust distribute to its trustee?

CG

Cooper Grace Ward

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