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Stay informed with the latest insights, tips, and updates on Australian family law. Our expert articles help you understand your rights and navigate legal challenges.

7 September 202614 min read

If Justin Sun and Jing Tian Were in Australia, Could Sun Get His Bride Price Back?

Justin Sun has sued Jing Tian in China, demanding the return of a RMB 30 million bride price. How would the case be decided if it had happened in Australia? Sun and Tian had dated for only seven months. Sun transferred RMB 30 million (about AUD 6 million) to Tian for the purpose of a bride price, and when the relationship ended seven months in, he now wants the AUD 6 million back.

2 September 202614 min read

Is Your Binding Financial Agreement Actually Binding?

Under s 90G of the Family Law Act 1975, a financial agreement binds only if each party got real independent legal advice and signed statements were exchanged.

29 August 202613 min read

De Facto Property Settlement After On-Off Separations

Under s 90SM of the Family Law Act 1975, repeated break-ups do not erase your contributions, and de facto contributions carry the same weight as a spouse's.

26 August 202614 min read

Property Settlement: Do Post-Separation Contributions Count?

Contributions do not stop at separation. Under s 79 of the Family Law Act 1975, courts weigh what you earned and what you did for the family after you split.

22 August 20268 min read

Remote Witnessing in NSW: AVL Rules and Electronic Signing

Section 14G of the Electronic Transactions Act 2000 (NSW) allows witnessing by video link, but wills and affidavits still cannot be signed electronically.

19 August 202613 min read

When Does the Other Side Have to Pay Your Legal Fees?

You do not need compelling circumstances to get litigation funding. Strahan asks only that the order is appropriate and the money can be squared up at trial.

15 August 202613 min read

70/30 Divorce Settlement Australia: What Courts Order (2026)

Section 79 sets no 50/50 starting point. Real orders run from 50/50 after a 29-year marriage to 95/5 after 16 months, driven by contributions and future needs.

12 August 202613 min read

Large Inheritance in Divorce: 70/30 or 50/50 in Australia?

Section 79 of the Family Law Act does not say an inheritance is off the table. How much of the pool it makes up matters, but it is not the only thing the court looks at.

8 August 202612 min read

How Much Weight Do Courts Give a Child's Views in Australia?

Under section 60CC(2)(b) of the Family Law Act 1975, courts must consider a child's views, but the weight depends on age, maturity and how genuine they are.

5 August 202612 min read

Inheritance and Divorce in Australia: How Courts Decide

Under section 79(4) of the Family Law Act 1975 an inheritance is not quarantined in divorce. Timing and each spouse's contributions decide the split.

1 August 202613 min read

Can Mental Illness Affect Child Custody in Australia?

A mental health diagnosis alone does not decide custody. Under section 60CC of the Family Law Act 1975, courts weigh actual risk and capacity to care.

29 July 202612 min read

Can You Avoid Child Support by Reducing Your Income?

Under section 117(7B) of the Child Support (Assessment) Act 1989, child support can be assessed on your earning capacity, not the income you reduced it to.

25 July 20268 min read

How to Change Your Child Support in Australia

Under section 117 of the Child Support (Assessment) Act 1989, you can change a child support assessment on 10 grounds, free via Services Australia or in court.

22 July 202612 min read

Married Overseas? Is Your Marriage Legal in Australia?

Under section 88D of the Marriage Act 1961, an overseas marriage legal where it happened is valid in Australia, unless exceptions like underage marriage apply.

17 July 202612 min read

Parental Alienation and False Abuse Claims in Australia

Australian courts treat fabricated abuse claims as emotional abuse of the child. In Bielen & Kozma [2022] and Syms [2021] residence moved to the accused parent.

15 July 202613 min read

When Will Courts Order No Contact With a Child? (Australia)

Under section 60CC of the Family Law Act 1975, courts order no contact when family violence, abuse risk or carer trauma makes any time with a parent unsafe.

8 July 202612 min read

Spousal Maintenance in Australia: How Much Is Paid?

Under section 72 of the Family Law Act 1975, courts order spousal maintenance based on need and capacity to pay; most reported orders run $120 to $600 a week.

3 July 202614 min read

Spousal Maintenance Australia: Factors Courts Consider

Under section 72 of the Family Law Act 1975, spousal maintenance turns on one spouse's need and the other's capacity to pay, plus the section 75(2) factors.

1 July 202613 min read

Capital Gains Tax in Divorce: The Marriage Breakdown Rollover Explained

Under ITAA 1997 s 126-5, a transfer to your spouse defers CGT, but courts only deduct future CGT from the pool when a sale is inevitable.

26 June 202613 min read

Subpoena in Family Law: When Does It Become Fishing?

A family law subpoena for trust documents fails as a fishing expedition unless the records have apparent relevance to a real issue in your property case.

24 June 202612 min read

Foreign Judgments and Overseas Assets in Australian Divorce

A foreign court order blocks an Australian property claim only if it specifically dealt with the same assets and the foreign court had authority over them.

19 June 202613 min read

Bigamy & Marriage Fraud in Australia: Void or Crime?

Under s 23B(1)(d)(i) Marriage Act 1961 only narrow fraud voids a marriage; s 94 bigamy triggers criminal referral and up to 5 years imprisonment.

17 June 20268 min read

What Is a Testamentary Trust in Australia? Benefits & Uses

A testamentary trust is a trust built into your Will that activates on death. Under ITAA 1936 s 102AG it lets minor beneficiaries be taxed at adult rates.

12 June 202613 min read

Spousal Maintenance: When Your Ex Can Work But Won't

Under section 72 of the Family Law Act 1975, courts assess your real earning capacity, not just current income, so a spouse who can work but won't can lose.

10 June 202614 min read

When Do Australian Courts Order Lump Sum Child Support?

Under sections 123A and 124 of the Child Support (Assessment) Act 1989, courts order lump sum child support only when periodic payments would fail the child.

5 June 202613 min read

Spousal Maintenance Australia: Claiming Years After Divorce

Under section 44(3) of the Family Law Act 1975, a fresh spousal maintenance claim is time-barred 12 months after divorce, but reviving a prior order is not.

3 June 202612 min read

Accidentally Married Twice in Australia: Is It Bigamy?

Under s 94 of the Marriage Act 1961, remarrying while a previous marriage is still valid is bigamy, even if accidental, with up to 5 years imprisonment.

29 May 202614 min read

How Australian Courts Treat Overseas Assets in Divorce

Under section 79 of the Family Law Act 1975, Australian courts reach overseas assets unless Australia is clearly inappropriate or a foreign order settled them.

27 May 202613 min read

Spousal Maintenance for Stay-at-Home Parents in Australia

Under s 75(2) of the Family Law Act 1975, Australian courts award spousal maintenance to stay-at-home parents whose earning capacity is reduced by childcare.

22 May 202612 min read

When Can Australian Courts Order Child Support?

Under section 66E of the Family Law Act 1975, courts only order child support via narrow carve-outs: section 117 departures, non-periodic orders, or lump sums.

20 May 202613 min read

Do Initial Contributions Still Count Years Later?

Under section 79 of the Family Law Act 1975, a large initial contribution still counts years later if it stayed the foundation of the asset pool.

15 May 202614 min read

Can a Binding Financial Agreement Be Overturned in Australia?

Under section 90K(1)(e) of the Family Law Act, an Australian BFA can be set aside for unconscionable conduct at signing, not for a bad bargain after the fact.

13 May 202612 min read

Can Asset Depreciation Overturn a BFA in Australia?

Section 90K of the Family Law Act 1975 lists narrow grounds to set aside an Australian BFA, and a fall in asset value alone is not one of them.

8 May 202613 min read

What Is a Child Support Trust? Lump Sum Payments in Australia (2026)

Under s 124 of the Child Support (Assessment) Act 1989, Australian courts can order lump sum child support into a trust if periodic payments are unreliable.

6 May 202613 min read

Child Support: Debts, Inheritance and Private School Fees

Under section 117 of the Child Support (Assessment) Act 1989, courts treat inheritance as financial resource and weigh real debts before ordering school fees.

1 May 202613 min read

Adult Child Maintenance in Australia: Eligibility and Why Applications Fail

Under section 66L of the Family Law Act 1975, Australian courts grant adult child maintenance only if it is necessary for education or a disability.

29 April 202610 min read

De Facto Gifts: When Australian Courts Refuse Clawback

A perfected gift cannot be clawed back under Australian law. A man lost $913,015 and a Mercedes, and under s 4AA Family Law Act 1975, was not de facto.

24 April 202613 min read

When Can a Financial Agreement Be Set Aside in Australia?

Under s 90K Family Law Act 1975, Australian courts can set aside a BFA for procedural defects, vitiating factors, child hardship, or uncertainty.

22 April 202612 min read

70/30 Divorce Settlement Australia: $740M Morris 75/25 Split

Morris (No 7) [2024] split a $740M asset pool 75/25; Australian courts hold that big pools do not shrink the value of non-financial contributions.

17 April 202612 min read

Do Special Skills Earn a Bigger Share in Australian Divorce?

Under section 79(4), courts assess all contributions equally. Hoffman [2014] FamCAFC 92 confirmed no rule of law recognises special contributions.

15 April 20268 min read

How Long After Separation Can You Claim Property in Australia?

Under s 44 of the Family Law Act 1975, you have 12 months after divorce or 2 years after de facto separation to apply. Courts can grant leave for late claims.

9 April 20268 min read

Ex-Partner Delaying Property Settlement? 3 Legal Options in Australia

Under s 79 of the Family Law Act 1975, three options can force a stalled settlement: mediation, court proceedings, or asset protection like caveats.

8 April 202612 min read

Spouse Goes Bankrupt in Australia: Are Your Assets Safe?

Under the Bankruptcy Act 1966, a trustee can only claim your spouse's divisible property. Assets in your name are safe unless a constructive trust is proven.

3 April 202615 min read

How Australian Courts Divide Property: The Four-Step Process (2026)

Under section 79 of the Family Law Act 1975, Australian courts divide property using a four-step process based on contributions, future needs, and fairness.

2 April 202612 min read

Large Asset Pool Divorce in Australia: Do Homemakers Get Equal Share?

Under section 79, Australian courts treat homemaker and financial contributions equally in large asset pool divorces. Pool size does not justify a bigger share.

1 April 202612 min read

Can Your Spouse Lodge a Caveat on Your Property in Australia?

Under sections 79 and 90SM of the Family Law Act 1975, marriage does not create a caveatable interest, but caveats remain practical tools to freeze property.

27 March 202612 min read

How Do Australian Courts Divide Hidden Spouse Debt in Divorce?

Under section 79 of the Family Law Act 1975, courts can order a spouse to bear sole responsibility for hidden debts or indemnify the innocent party.

26 March 202612 min read

Think Your Family Court Judge Is Biased? Here's What to Do

Under the Ebner test, apprehended bias requires a fair-minded observer to reasonably fear the judge is not impartial. Unfavourable rulings alone are not bias.

25 March 202612 min read

Dollar vs Percentage: How Courts Assess Large Asset Pools

Under section 79, Australian courts can assess contributions by dollar amount rather than percentage. In large pools, the method can shift results by millions.

21 March 202610 min read

Can You Appeal a Family Court Property Decision in Australia?

Under House v The King principles, you can only appeal a family court property decision if the judge made a specific legal, factual, or discretionary error.

19 March 202612 min read

What Happens If a Party Dies During Property Settlement?

Under s79(8) of the Family Law Act, an executor can continue property settlement after a party dies, but only if the case was filed before death.

17 March 202610 min read

Can the Court Refuse to Split Property in an Australian Divorce?

Under section 79(2) of the Family Law Act 1975, Australian courts can refuse to divide property if splitting would not be just and equitable.

14 March 202612 min read

Alcoholism and Child Custody: How Australian Courts Decide

Under the Family Law Act 1975, courts order breath tests and supervised visits for alcoholic parents. Rehab completion alone won't restore custody.

12 March 202612 min read

How Does Bankruptcy Affect Property Settlement in Australia?

A spouse's bankruptcy adds the trustee as a third party, but under s 79 of the Family Law Act 1975, you can still claim your share of the property.

10 March 202612 min read

Is a Failed Investment Wastage in Australian Family Law?

Under the Kowaliw principle, a failed business or investment is not wastage unless the court finds reckless or wanton conduct in the decision-making process.

8 March 202612 min read

How Does Alcohol Abuse Affect Child Custody in Australia?

Under section 60CC of the Family Law Act 1975, courts assess how parental alcohol abuse affects the child's best interests and can reduce custody to supervised contact.

6 March 202612 min read

Can a Child Choose Which Parent to Live With in Australia?

Under section 60CC of the Family Law Act 1975, courts weigh children's wishes based on maturity, not age. No fixed age gives a child the final say.

4 March 202610 min read

Ex Delaying Property Sale? How to Recover Your Losses

Under s 79 of the Family Law Act 1975, courts can adjust property splits for delayed sale losses, but only with proof of a direct causal link.

24 February 202612 min read

Is Gambling Considered Wastage in Australian Divorce?

Gambling losses only count as wastage under the Kowaliw principle if the court finds economic recklessness or a deliberate act to reduce the asset pool.

23 February 202612 min read

Is Post-Separation Spending Considered Waste in Australia?

How Australian family courts assess post-separation spending, asset dissipation, and marital waste in property settlements — key factors and case examples.

19 February 202612 min read

What to Do When a Spouse Hides Assets in Divorce

Australian courts can draw adverse inferences, award 100% of assets, and order cash payments when a spouse hides assets in property settlement.

19 February 202612 min read

Spouse Wasted Assets? What Australian Courts Do Now

Add-backs are abolished. Australian courts now handle wasted assets through percentage adjustments, not phantom money on the balance sheet.

17 February 202612 min read

Proving Parental Alienation: Evidence Australian Courts Need

What evidence do courts look at when your ex is turning your child against you? Expert reports, coached statements, texts, and behavioural patterns explained.

11 February 202612 min read

Can You Enforce Divorce Orders Against a Family Trust?

Asset dissipation and trust enforcement in divorce: how s106B and Part VIIIAA protect your property settlement.

10 February 202612 min read

Does a Family Trust Protect Assets in a Divorce in Australia?

Can a family trust shield assets from divorce? Learn how Australian courts classify trust property in settlements.

10 February 202612 min read

Are Multi-Generational Family Trusts Still Property in Divorce?

Inherited family trusts may still count as property in divorce if the court finds effective control, regardless of how many generations the trust spans.

10 February 202612 min read

How Courts Identify Puppet Trustees in Family Trusts

How do Australian courts identify puppet trustees and test independent will in family trust divorces?

10 February 202610 min read

Sole Divorce Application Australia: Process & FAQ

Sole divorce in Australia: how to serve divorce papers, prove service and meet response deadlines.

10 February 202612 min read

How Does a Financial Resource Classification Change Property Settlement Ratios?

When a trust counts as a financial resource, s75(2) adjustments can shift your settlement ratio by up to 30%.

9 February 20267 min read

How to File a Contravention Application in Australia

File a contravention application when parenting orders are breached. Process, fees, evidence explained.

9 February 20268 min read

Legal Consequences of Contravening Parenting Orders in Australia

What penalties apply when a parenting order is breached? Learn about the penalty tiers, sentencing factors, and when imprisonment may apply.

3 February 20266 min read

What is an AVO in NSW?

An AVO is a court order protecting individuals from violence, stalking, or intimidation under NSW law.

29 January 202612 min read

Child Refuses Visitation for No Reason? The Other Parent May Be Behind It: How Australian Courts Respond

How Australian courts identify parental alienation and protect children's relationships through custody reversal.

29 January 202612 min read

School Choice Disputes Australia: How Courts Decide

How Australian family courts resolve school disputes between separated parents — parental responsibility, best interests, and what happens when parents disagree.

29 January 20268 min read

Joint Divorce in Australia: Requirements, Process & Costs

Complete guide to filing a joint divorce in Australia: legal requirements, 12-month separation, timeline, fees and documents.

28 January 202612 min read

Can Wasted Assets Be Recovered? Understanding Asset Add-Back in Australian Family Law

How do Australian courts handle asset add-backs for gambling, reckless investments, and post-separation spending?

27 January 202612 min read

Can You Disobey a Parenting Order in Australia?

When can you legally break a parenting order in Australia? Learn about the reasonable excuse defence with real case studies.

21 January 202612 min read

Separation Standards in Australia: The Legal Truth About Living Under One Roof, Sexual Relations, and Divorce

When does separation legally begin? Can you divorce while living together? Understand separation under one roof.

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If Justin Sun and Jing Tian Were in Australia, Could Sun Get His Bride Price Back?