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How long does probate take in Victoria?
The timeframe for probate in Victoria can vary, depending on a number of factors. Generally, the official Court process of granting an application for a Grant of Probate, assuming the application is complete and accurate, will be 1-4 weeks. However, there are other matters that can delay probate.
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A guide to family law Consent Orders
Although there is no legal requirement to formalise agreement about parenting arrangements or property settlement, sometimes parties might prefer to make their agreement legally binding. Consent Orders are a way in which parties can formalise any agreement they have reached with their ex-partner.
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What are Search Orders in family law property settlement?
Search orders are a type of court order that allows one party to search premises related to another party to locate and seize specific documents or other evidence related to a family law matter.
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How does the Family Law Watchlist work?
If you’re worried that your child may be taken overseas without your consent, and there are parenting orders or a court application on foot, your child can be placed on a list known as the Family Law Watchlist (formerly called the Airport Watchlist).
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A guide to family law property settlement
When couples separate, they usually need to divide up the property between them. This is known as property settlement in family law. Contrary to urban myth, there is no presumption at law that property will be distributed equally. That is, it’s not simply a 50:50 split.
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What is the difference between child support and adult child maintenance?
We look at the difference between child support and adult child maintenance and how they are calculated. In a nutshell, child support is paid by one parent to another for children under 18 years old, while adult child maintenance is paid for children over 18.
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Visibility of superannuation assets during family law property settlement
It’s important to consider the superannuation held by both parties as part of any property settlement negotiations. But what if a party does not disclose, or under-discloses, their superannuation interests?
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Significant changes to the Family Law Act effective from May 2024
In October 2023, the Australian Parliament passed major changes to how parenting matters are dealt with in family law. These changes come into effect from May 2024. Importantly, they are NOT retrospective. Learn more about how these changes may impact parenting matters.
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A guide to probate in Victoria
Probate is the process of officially proving the validity of a Will in deceased estate matters. The executor is the person who makes the probate application to the Supreme Court of Victoria. This guide to the probate application process is particularly helpful if you are the executor of a deceased estate.
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Supervised time in family law parenting matters
Following separation, many parents are able to come to an agreement about arrangements for the care of their children. However, often there can be disputes and, in some circumstances, and under certain conditions, an arrangement for supervised time with the children may be an option.
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Calculating the asset pool for family law property matters
While parties do not always need to agree on all aspects of the asset pool to reach a property settlement resolution, understanding how to calculate the asset pool is essential for both parties as a starting point.
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Farms and family law property settlement
There are various factors to consider when dealing with farms in family law property settlement, including how farms are treated, what the farm comprises and its ownership structure, and whether the farm will need to be sold.
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