Pre-nuptial agreements

Separating parents often ask whether they have a right to equal, week-about care of their children, but Australian family law does not work that way. This article examines when shared care arrangements succeed, how courts now assess applications for equal time following major 2024 reforms, and why no parent can claim a legal entitlement to a 50/50 split.

Separating from a partner is hard enough without also having to work out who’s staying in the family home. Some couples manage to keep living under the same roof for a while after separating, but that’s not always realistic, especially where things have turned hostile or there’s a risk of family violence.

In 2024, the Family Law Act was amended to give the Court the power to make a “harmful proceedings order”. These orders are designed to prevent a party from repeatedly bringing applications before the Court without first obtaining permission to do so.

When couples separate in Australia, superannuation is always included in the property pool and subject to division. Whether you keep your super, split it with your former spouse, or negotiate an alternative arrangement depends on mutual agreement or the court's assessment of contributions and future needs.

Separating couples often overlook the tax implications of property settlements, only to face unexpected capital gains tax liabilities years later when assets are sold. With the 2025 amendments to the Family Law Act fundamentally changing how uncrystallised CGT liabilities are treated, understanding the interplay between tax law and family law has become critical to preserving the real value of a settlement. This analysis examines how strategic tax structuring at the point of settlement—including CGT r

Navigating property settlement after separation in Victoria involves understanding how courts divide assets, liabilities, and financial resources between former spouses or de facto partners. The process considers financial and non-financial contributions, future needs, and the impact of family violence to reach a just and equitable outcome under the Family Law Act 1975.

Many parents worry about what will happen to their hard-earned assets after they die. Some worry, in particular, that one of their children may challenge their will and unravel the careful plans they have made. One approach (but fairly extreme strategy), is to restructure assets during their lifetime, transferring property or control of family trusts to a trusted child so that there is less in the estate for anyone to fight over. But can those lifetime transfers themselves be unwound later, on the basis that the parent was taken advantage of?

On 18 June 2026, the Federal Government announced targeted tax concessions following consultation on its 2026–27 Budget measures. These updates refine the position announced on 12 May 2026, as outlined in Federal Budget 2026–27: key tax changes and what clients need to know.

The NSW Supreme Court is increasingly capping legal costs in family provision proceedings, especially in smaller estates. Two recent Supreme Court decisions, Lord v Craig [2026] NSWSC 17 (Lord) and Re Estate Weinberger [2026] NSWSC 158 (Weinberger) illustrate why the Court is taking control of legal costs in family provision cases and the likely impact on parties and practitioners involved in those cases going forwards.

Equalisation clauses (commonly known as “hotchpot clauses”) are provisions in a Will that aim to ensure a fair distribution among beneficiaries by accounting for significant gifts the will-maker made to some beneficiaries during their lifetime.

The key takeaway from this case is that making specific assertions concluding upon the lawfulness of another's actions is fraught.

A testamentary trust is created under a will and only comes into existence on death.

Courts encourage parties to attempt to settle restraining order matters where appropriate.

From July 2026, about 90,000 more businesses must register with AUSTRAC & meet new AML/CTF compliance, due diligence & reporting obligations.

Sovereign citizens are defined as a loosely affiliated group of individuals with varying motivations but generally united in their anti-government ideology.

A Will is not just about distributing assets, it is also about defining who manages your estate, who can inherit, and what constitutes your estate.

his new class of lease was intended to address the limited scope of permitted land use under pastoral leases and to facilitate additional uses of Crown land.

Set-off clauses are provisions in employment contracts that allow employers to offset payments made to employees against their entitlements.

Parliament passed the Fair Work Amendment (Baby Priya's) Bill 2025, protecting paid parental leave in tragic situations where the child is stillborn or dies.

This article outlines the risks associated with deemed acceptance clauses for both services providers and consumers.