Latest News

As we enter the new year, many individuals find themselves reflecting on relationships and contemplating change. In January each year at Aitken Partners, we often see a spike in separations, as individuals grapple with a desire for a fresh start and consider their family dynamics during the holidays. New year resolutions and a heightened focus on family can magnify existing issues and lead to difficult decisions.

Understanding spousal maintenance when a party is unable to financially support themselves adequately can be a maze to navigate. There are a number of factors taken into consideration by the Court, with one crucial element being the future needs of the involved parties.

An Intervention Order (IVO) is a civil Order made by the Magistrates Court for the protection of a person. An IVO can help protect you and your family from anyone who is violent or makes you feel unsafe.

It is expected in Australia that both parents have an obligation to financially support their child(ren) after a separation or divorce. Whether you are paying or receiving child support, payments can be a significant concern for parents going through a separation so it is important you understand your rights in relation to child support.

I am not sure why, but there seems to be some confusion amongst people that they need to be separated for 12 months before they start the process for a property settlement after separation in Victoria. This isn’t correct. As I have previously mentioned, you need to wait 12 months after separation to get divorced but not for a property settlement.

While caveats provide an affordable and effective option to parties to prevent registered landowners from engaging in unauthorised dealings inconsistent with a caveator’s right and interest in land, there are various risks of which parties and solicitors ought to be aware.

The amount of first conferences lawyers have where they are told, “I only want a fair property settlement”. Well, what does a fair outcome mean? From the outset, your lawyer is not going to (well really shouldn’t) give you a definitive outcome.

According to statistics generated from the AIFS, the median age of Australians who divorce has risen, with the average female being 43 years old and the average man being almost 46 years old.

HECS/HELP debts have become topical recently with high inflation causing HECS/HELP debts to rise by 7.1% in June 2023. With rising levels of debt together with more and more people pursuing tertiary education, we are starting to see people ask us whether HECS/HELP debts are considered in a family law property settlement.

A Binding Financial Agreement, colloquially known as a ‘pre-nup’ or ‘post-nup’ is an agreement which formalises how a couple’s assets, liabilities, and superannuation will be divided in the event of a marriage or relationship breakdown. Once parties enter into a Binding Financial Agreement, they essentially give up their rights under the Family Law Act for the Federal Circuit and Family Court of Australia to determine their property settlement.

I have been living with my partner for a few years. Am I an in a de facto relationship? What is a de facto relationship?

A common question people have when they come to speak with us, is my superannuation treated as an asset of the relationship or marriage? The simple answer is yes.

Pets have become an integral part of the family unit. But what happens when the family unit breaks down? Who takes the pet? Surely, this is not a family law property related issue.

Financial abuse often occurs within relationships, where one person seeks to exert control over another. National Australia Bank's (“NAB”) decision to take a firm stand against financial abuse is a significant step towards protecting vulnerable people.

Most family law clients across my career have come to see me in a heightened state of panic and concern.

When going through a family law property settlement, most of the negotiations are largely focused on the division of marital assets such as real estate, shares, motor vehicles, and cash.

Family violence in the form of non-physical abuse such as emotional and coercive abuse has become more common than physical abuse according to data obtained by The Australian.

Coalition MP Julian Leeser is calling on the government to review The Hague Convention, a law that is frequently used to force mothers fleeing domestic violence to return children to their abuser.

A Victorian Member of Parliament, Stuart Grimley has moved a motion in Parliament for the Government to create a law that makes it an offence to expose children to family violence.