Understanding the Different Types of Family Dispute Resolution in Australia
When relationships break down, it’s normal to feel overwhelmed. Especially when children, finances, and shared property are involved. But not every family law issue has to end up in court. In fact, many disputes can be resolved through various forms of family dispute resolution, often saving time, money, and stress. In Australia, there are several […]
The festive season can be one of the most emotional times of the year for separated families. Parenting arrangements for Christmas holidays often bring questions about where the children will be, how to share special days, and how to keep things calm for everyone involved. Whether this is your first Christmas after separation or you […]
Parenting Plan vs Consent Orders: What’s the Difference in NSW?
When parents separate, one of the most important steps is deciding how to care for the children. For many families, this means creating clear parenting arrangements. However, not everyone realises there are two very different paths to do this: parenting plans and consent orders. Both can outline how children spend time with each parent, where […]
5 Family Law Reforms You Need to Know for 2025 Splits
If you’re going through a separation in 2025, it’s important to know about these 2025 Family Law Reforms in Australia. As of 10 June 2025, the Family Law Amendment Act 2024 introduced several important reforms that aim to make family law fairer, more transparent, and more child- and client-focused. Whether you’re navigating parenting arrangements or […]
What Happens to a Deceased Estate Without a Will in NSW?
Losing a loved one is never easy. When someone passes away without a valid will, it can create extra stress for the family left behind, especially when it comes to sorting out their assets and legal affairs. In New South Wales, this situation is known as dying intestate, and there are specific laws that guide […]
Who Gets the Pet in a Divorce? The Family Law Act 1975 (Cth)
Following the recent amendments to the Family Law Act 1975 (Cth) on 10 June 2025, separating couples in Australia will be seeing a significant change in how the law treats disputes over pets. The Family Law Amendment Act 2024 introduces a more compassionate and thoughtful approach, one that formally recognises pets as companion animals. This […]
Deciding to end a marriage is never easy. If you’re considering divorce in New South Wales (NSW), understanding the legal process can help you feel more in control during this challenging time. This guide outlines the key steps involved in obtaining a divorce to provide you with clarity and support as you navigate the journey […]
For couples considering a relationship breakdown, understanding the difference between separation and divorce is an important first step. These terms are often used interchangeably, but in Australian family law, they mean different things—and carry different legal and emotional implications. In this blog, we’ll break down the key differences between separation and divorce, when each option […]
Understanding Child Support: What’s the Difference Between Periodic and Non-Periodic Support?
Navigating child support can feel overwhelming—especially when you’re already managing the emotional and practical challenges of separation and co-parenting. One of the most common questions we hear is what amount you can expect to pay or receive in child support and how is child support determined. In this post, we’ll break down these two types […]
What You Need to Know About Financial Settlements After Separation
Separating with your partner or spouse is not just an emotional transition—it also comes with important financial decisions. One of the key aspects is the financial settlement, which covers the division of assets, liabilities, superannuation, and spousal maintenance. Understanding what you need to know about financial settlements after separation can help you navigate the process […]
Navigating Parenting Arrangements for Back-to-School
As the school holidays wrap up, many separated or divorced parents face the challenge of managing parenting arrangements for the new school term. Questions about who has care of the children—and when—can sometimes cause confusion, particularly in the transition week when school goes back. Clear communication and a structured parenting agreement help avoid these misunderstandings, […]
What does the Federal Circuit and Family Court of Australia say about vaccinating kids from families with different opinions? The Federal Circuit and Family Court of Australia decide on vaccinating kids based on the child’s best interests when parents have differing views. They prioritise the child’s well-being, considering medical evidence and often engaging independent experts […]
One of the most difficult decisions faced as separated parents is working out family days such as Mother’s Day, Father’s Day and birthdays. We’d like to offer a couple of tips to make the day as enjoyable as possible for both Mum and the kids. Remember, this day is about the children. Plan the celebrations […]
The ‘Best Interests of the Child’ Must go Beyond the Court
Australian family law emphasises the importance of considering the best interests of the child in court decisions. It’s crucial not only for court orders on parenting but also for parents to prioritise the child’s welfare in their interactions and management of their child’s relationship with their former partner. Maggie Dent in her radio program Parental […]
Some years back Brad and Jane separated. There were two very young children of the marriage. Jane had been the primary carer, while Brad assumed the role of financial provider. When the couple parted, they did so amicably. They managed to organise time with the children and their day-to-day finances informally. Jane stayed in the […]
Protection of Assets Obtained after a Relationship Breakdown
Clients often enter into a financial agreement to protect their assets in the event of the breakdown of the relationship. This may include inheritances that they anticipate receiving post separation. The Supreme Court of Victoria – Court of Appeal recently handed down a judgment in the case of Orwin v Rickards [2020] VSCA 225. This […]
Going through separation and divorce is stressful enough at the best of times, and with the current health crisis COVID – 19, it can make things even more distressing. How to implement co – parenting arrangements and how to comply with current Parenting Orders are some of the questions that are concerning parents the […]
At De Saxe O’Neill Family Lawyers, we understand it is a worrying time for all under this COVID – 19 (Coronavirus) pandemic. We are trying to reduce the impact on you as much as possible, and would like to take this opportunity to reassure you that we will continue to deliver reliable and a […]
Equal Shared Parental Responsibility – a Misunderstood Concept in Family Law
By Margie O’Neill 2 October 2019 The Family Law Act refers to parents having ‘parental responsibility’ for the child of the relationship. The Court can decide on parental responsibility to be ‘equal’ (shared by both parents) or ‘sole’ (exercised by one parent). Equal shared parental responsibility is not parents having equal time with their children […]
Separation and Divorce Going through separation and divorce can be one of the most painful and distressing times that you will experience, regardless of whether or not you initiated the split. Here are a few tips to help make your life a little bit easier whilst going through this difficult period. Try to relax and […]
When considering how to resolve your Family Law dispute, many people think court is the only option. Collaborative Practice is relatively unknown, despite being a widely utilised method for resolving Family Law matters. To better understand the question ‘Court or Collaborative Pracitce?’ we have outlined a recent court case. The following court case highlights the […]
Stepfamilies and the Blended Family Step-parenting is a common experience in our society. When it comes to step-parenting it is the best interests of the children that must come first and will require delicate handling. It can take years for a family to rebuild, so it is wise to be aware of this and be […]
Merger of The Family Court and the Federal Circuit Court
On 30 May 2018 the Federal Attorney-General Christian Porter announced the merger of the Family Court and the Federal Circuit Court, with the merged court to commence on 1 January 2019. This comes in the middle of a review of the Australian Family Law system commissioned by the former Attorney- General and being undertaken by […]