December 2018

Can We Talk About My Alimony Payments?

By | December 17th, 2018|

In brief, no. In Australia, parties who have separated can in certain circumstances apply for spousal maintenance.  That is simply the provision of financial support to a former partner in circumstances where the receiving partner has a need and the paying partner has the capacity to make the payments. It [...]

November 2018

Recent articles by Michael Tiyce on Kidspot and BHG

By | November 8th, 2018|

Principal of Tiyce & Lawyers Michael Tiyce is often asked for comment on matters relating to family law for articles in the media. Here are two recent articles he's written for Kidspot.com.au and Better Homes & Gardens in response to questions about Divorce and Children: Kidspot.com.au Divorce & Kids - [...]

Remember the old saying about death and taxes?

By | November 5th, 2018|

People do not always appreciate that tax issues can arise when you separate from your partner.  It is necessary to obtain advice from your family law solicitor in conjunction with your accountant/financial advisor regarding the tax implications that can arise from a property settlement, particularly one where transfers of property [...]

September 2018

Time for a change? Variation of Final Parenting Orders

By | September 10th, 2018|

Final Orders are usually designed to be just that.  There are limited circumstances when a Judge will enliven a finalised matter. An Application to change a final parenting order will not be lightly entertained.  The reason for that is to prevent parties from reopening their case and endlessly litigating to [...]

Do you want to improve your property settlement result?

By | September 6th, 2018|

The Family Law Act 1975 is clear that no Court shall make an Order that finalises property proceedings unless it is satisfied in all the circumstances that it just and equitable to make the Order. What does just and equitable mean? Well the legal definition is “actuated by truth justice [...]

May 2018

Changes to the Australian Family Law system

By | May 31st, 2018|

On 30 May 2018, the Australian Government’s Attorney-General Department announced changes to the existing family law system in Australia. On 1 January 2019, the Family Court of Australia and the Federal Circuit Court of Australia will be amalgamated, (subject to the passage of legislation) and a new court will be established, [...]

March 2018

Adult Child Maintenance

By | March 1st, 2018|

There is a common misconception amongst many separated parents that once a child turns eighteen years of age, there is no possibility of receiving further financial support from the other parent. In most circumstances, parental liability with respect to financial contributions made towards the maintenance of a child lasts until the [...]

January 2018

Interim and Urgent Spousal Maintenance

By | January 29th, 2018|

Following separation, the way parties share their income changes. It is not uncommon for one party to be earning considerably more than the other, especially when one of the parties has ceased working to care for children. Spousal maintenance can be sought urgently and on an interim ongoing basis. […]

What impact does the new marriage law have on wills?

By | January 16th, 2018|

On 7 December 2017, an applause erupted in the House of Representatives, signalling that Australia has finally caught up to the world in marriage equality. This is no doubt a fantastic result, and something long overdue. Whilst records of marriages are set to spike in the wake of the bill passing, [...]

December 2017

Marriage for all (& divorce for some)

By | December 11th, 2017|

  With the excitement of the YES vote being announced on 15 November 2017, Michael Tiyce of Tiyce & Lawyers has made headlines all around the world. From Belgium, Sweden, the United Kingdom across the Atlantic to the United States of America and across the Pacific to New Zealand, Michael Tiyce [...]

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