Distinction - separation, Divorce, and Nullity

Distinction – separation, Divorce, and Nullity

A few enquiries are made in the routine course of practice on everyday basis where people need a clarification on the issue of separation between the parties to a marriage, requirements for the divorce and nullity of the marriage. I will keep the writing plain and simple so that these concepts are understood by a…

Surrogacy-and-Parentage-1

Surrogacy and Parentage

The Family Law Act maintains that there are presumptions of parentage of a child. Such assumptions arise from marriage, cohabitation, registration of a birth, judicial finding and signing an acknowledgement of paternity. The term parent(s) are not otherwise defined under the law. The issue of parentage arises in the case of artificial conception involving the…

Property-division

Property Division in the Wake of Relation Breakdown

The Family Law Act 1975 provides for the division of the property between the parties to the relationship. We will briefly consider as to what constitutes the property, the principles applicable for the division and the judicial restraint to be exercised by the courts while determining the division of property issues. The first requirement would…

Separation-and-superannuation-split-1

Separation and superannuation split

Accumulated monetary superannuation is a major asset in addition to the house(s) and/or business requires division between warring spouses in the event of irretrievable breakdown of relationship/marriage. Interestingly though, superannuation differs from other types of property as it is held in trust and is not immediately available for use. The law allows separating couples to…