Some people may worry that when they enter into a relationship they will be classified as de facto, which in turn has an impact on whether they may be exposed to a claim for a property settlement or maintenance upon the breakdown of a relationship.
Karla Elias
Recent Posts
What is a de facto relationship?
By Karla Elias on Jul 22, 2020 12:30:29 PM
The Sperm Donor Case – A Seminal Decision
By Karla Elias on Feb 20, 2020 11:55:03 AM
“By biology, or by law, or a combination of both, certain people, take on the right and responsibilities of raising children, and are, or become parents”: Masson v Parsons [2017] FamCA 789, 46.
How the Courts Respond to Family Violence
By Karla Elias on Nov 14, 2019 10:30:00 PM
The family law system in Australia is constantly evolving and works to recognise and assist adults and children who have suffered family violence. This year, as many as 70% of all family law matters in the Commonwealth court system involve an allegation of family violence. A particular concern of the Courts is to ensure that children who are exposed to or suffer family violence or abuse are protected as much as possible.
Can your former partner take your inheritance?
By Karla Elias on Oct 11, 2019 4:18:47 PM
Upon separation, a party will often feel disgruntlement or dissatisfaction with the other party and wish to retain all they brought into the relationship. This is even more so the case with inheritances received after separation.
The property settlement process
By Karla Elias on Oct 11, 2019 10:52:32 AM
The Family Law courts, under s79 of the Family Law Act 1975 (Cth) (“the Act”), have the power to alter the interests of parties to a marriage or de facto relationship when it is just and equitable to do so. As far as practicable, the Court aims to make orders for property settlement that will determine the financial relationship between the parties on a final basis.
The Importance of Full and Frank Disclosure
By Karla Elias on Jul 19, 2019 3:04:16 PM
The Duty of Disclosure
The Ethics of the Legal Profession
By Karla Elias on Jun 19, 2019 3:27:47 PM
Introduction
Family Law for the Future: The ALRC Report
By Karla Elias on May 27, 2019 1:59:00 PM
Last month, the Australian Law Reform Commission (‘ALRC’) released its report, ‘Family Law for the Future – An Inquiry into the Family Law System’ (‘the Report’). The ALRC spent 18 months working on the inquiry, which was headed by the Honourable Justice Sarah Derrington.
The Family Violence Plan
By Karla Elias on May 24, 2019 3:43:00 PM
With the update of the Family Violence Plan in April 2019, the Courts have continued to recognise the importance of protecting those experiencing family violence, and the detrimental impact on the health and wellbeing of separating partners and children in situations of family violence.
The Purpose of Subpoenas
By Karla Elias on May 6, 2019 4:51:33 PM
Introduction