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# Lakey Family Law

Family Law Melbourne

## Sitemaps

- [XML Sitemap](https://www.lakeylaw.com.au/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Sole Parental Responsibility – and why it’s not called ‘custody’ anymore](https://www.lakeylaw.com.au/full-custody-sole-parental-responsibility/) - People often contact us saying they want full custody. Australia's legal system no longer uses the term custody and instead focuses on parental responsibility.
- [Christmas parenting arrangements](https://www.lakeylaw.com.au/christmas-parenting-arrangements/) - Every parent wants the Christmas holidays to be a magical, special time for their kids. But it can be particularly challenging for separated parents.
- [Who will get the ‘fur-babies’ if we separate?](https://www.lakeylaw.com.au/who-gets-pets-in-seperation/) - While many of us think of our pets as children, unfortunately the courts don’t see it that way. Under the law a pet is viewed as a ‘chattel’, or property.
- [Do we have to go to court to get a divorce?](https://www.lakeylaw.com.au/do-we-have-to-go-to-court-to-get-a-divorce/) - Many couples are able to divorce or separate without ever stepping foot in a court a room. In most cases avoiding going to court allows you to move on sooner.
- [10 things to do BEFORE you separate](https://www.lakeylaw.com.au/10-things-to-do-before-you-seperate/) - Even if you expect your separation to be amicable, it’s well worth making sure you have all your ‘ducks in a row’ (before you separate) to help avoid issues.
- [Do we need a prenuptial agreement?](https://www.lakeylaw.com.au/do-we-need-a-prenuptial-agreement/) - So you’re planning on shacking up together, or about to walk down the aisle? If you or your partner have assets or savings, a prenuptial agreement is smart.
- [Splitting your super when you split](https://www.lakeylaw.com.au/super-splitting-property-settlement/) - Under Family Law Act, superannuation is treated much the same as any other type property in a divorce – except its held in trust and can’t be converted to cash.
- [What to do if your ex takes your kids or fails to return them](https://www.lakeylaw.com.au/recovery-orders/) - If your ex has taken your kids, or hasn’t returned them as arranged, your best course of action is to apply to the courts for a recovery order.
- [Marriage annulment in Australia](https://www.lakeylaw.com.au/marriage-annulment-australia/) - There are very few circumstances where the court will allow a marriage to be annulled. In fact, so far this year there have been just three annulments granted.
- [Is adoption the right option?](https://www.lakeylaw.com.au/step-parent-adoption/) - It is not all that unusual for stepparents to want to adopt their partner’s child or children – for a variety of different reasons. But it is important to look at all the options before proceeding with an adoption.
- [Are they entitled to your inheritance?](https://www.lakeylaw.com.au/inheritance-in-divorce/) - Contrary to popular belief, in most cases an inheritance will be considered a joint asset and part of the property pool when a couple separates or divorces.
- [It's time to get your Christmas parenting arrangements in place](https://www.lakeylaw.com.au/parenting-arrangements-christmas/) - Reaching an agreement can be difficult for separated parents, so getting plans in place before the silly season is upon us can help to reduce the stress on you and your children.
- [When one parent wants their child vaccinated… but the other doesn’t.](https://www.lakeylaw.com.au/child-vaccination-legal-options/) - Vaccinating or not vaccinating your child is a choice that comes under parental responsibility. When parents don’t agree it can be left to the courts to decide.
- [Considering a child’s wishes in divorce or separation](https://www.lakeylaw.com.au/childs-wishes-in-divorce/) - When deciding on parenting matters, like living arrangements and visitation, the family court will always prioritise the ‘best interests’ of the child.
- [Accounting for overseas assets in your property settlement](https://www.lakeylaw.com.au/overseas-assets-divorce/) - Nowadays it's common for people to have international assets. As with all assets & liabilities, international ones need to be accounted for in your property settlement.
- [When you don’t have the cash to pay your legal fees…](https://www.lakeylaw.com.au/finance-legal-fees/) - It’s common to find yourself strapped for cash when working through a divorce. To assist, Lakey Family Law has a legal finance arrangement in place with Just Fund.
- [Can frozen embryos be used after separation?](https://www.lakeylaw.com.au/frozen-embryos/) - As more & more Australians turn to IVF, the courts are increasingly having to rule on matters concerning the use of a couple’s frozen embryos after separation.
- [Can consent to a Consent Order be withdrawn?](https://www.lakeylaw.com.au/consent-order-consent/) - Couples who are separating can engage a lawyer to prepare a Consent Order that details and documents how they have agreed to split property.
- [Surrogacy in Australia](https://www.lakeylaw.com.au/surrogacy-laws-australia/) - Whether you are considering being a surrogate, or are having someone surrogate for you – you need to understand the legal considerations surrounding surrogacy.
- [Date of separation – why it matters](https://www.lakeylaw.com.au/date-of-separation/) - While often hard to pinpoint, the date of separation is one of the most significant factors in your property settlement and/or divorce proceedings.
- [Surrogacy for men](https://www.lakeylaw.com.au/surrogacy-for-men/) - Finding a surrogate can be difficult for anyone, but there are added complexities for men embarking on the surrogacy process alone or as a couple.
- [Short Relationships in Family Law](https://www.lakeylaw.com.au/property-settlement-short-relationship/) - If you were only in a de facto relationship for a couple of years, you may still be entitled to a property settlement, regardless of whether you were married.
- [Separation when family violence is a factor](https://www.lakeylaw.com.au/separation-family-violence/) - If your relationship involves family violence, knowing where to start, what support is available and how to leave safely can be difficult.
- [What proposed changes to the Family Law Act mean for families](https://www.lakeylaw.com.au/changes-to-family-law-act/) - What the proposed changes to the Family Law Act will mean for families working through separation and/or divorce.
- [Big changes to how the courts approach parenting matters are coming...](https://www.lakeylaw.com.au/family-law-changes-parenting/) - In May 2024, we’ll see some of the most significant changes in decades to the way the Family Courts approach parenting matters come into effect.
- [What to expect when you file with the Courts](https://www.lakeylaw.com.au/file-for-divorce/) - The court process can be lengthy and typically involves a variety of court appearances and hearings before going to trial. Here, we explain the different stages.
- [Protecting your safety in family law matters](https://www.lakeylaw.com.au/personal-safety-family-law/) - If you have concerns for your safety or your children’s safety, your lawyer will work with the courts to put in place orders and measures to protect you
- [Who pays the legal fees in Family Law matters?](https://www.lakeylaw.com.au/family-law-legal-fees/) - In Australia, each person is generally responsible for paying their legal costs in family law matters. But the Court does have discretion to order one party to pay the other's legal costs.
- [Taking your children overseas when you’re separated](https://www.lakeylaw.com.au/taking-children-overseas-when-separated/) - In Australia, if you're separated, you need to have either the other parent’s written consent or a court order to take your children overseas.
- [Why you shouldn’t ask ChatGPT about your family law matter](https://www.lakeylaw.com.au/ask-ai-about-family-law/) - Public AI tools and chats are not confidential. Any details or information you put in them may no longer be protected by legal privilege.
- [How water tight is a prenup?](https://www.lakeylaw.com.au/invalid-prenuptial-agreement/) - Prenuptial agreements are becoming more & more commonplace here in Australia – particularly for couples who have accumulated some personal wealth.
- [Private school fees – does my ex have to share the cost?](https://www.lakeylaw.com.au/private-school-fees-child-support/) - Child support isn’t intended to cover the cost of private fees, and the other parents ability to afford to pay them, doesn’t necessarily mean that they have to.
- [Don’t think you need to worry about formalising your separation agreements? The future you may disagree…](https://www.lakeylaw.com.au/formalise-property-parenting-agreements/) - People have successfully claimed a share of future financial windfalls, or backflipped on property settlements years later when separation agreements aren't formalised.
- [Who gets to stay in the family home when you separate?](https://www.lakeylaw.com.au/seperation-marital-home-occupancy/) - There are a variety of different factors that the courts consider in reaching a decision, including the financial resources of each person, convenience,
- [Who gets the final say on where your child goes to school?](https://www.lakeylaw.com.au/reaching-agreement-on-schools/) - Choosing a school is always tricky – but especially when parents are separated and don’t live in the same suburb.
- [Can a parent move overseas and take the kids with them?](https://www.lakeylaw.com.au/relocating-with-child/) - Just because a child or children primarily live with one parent, they don't automatically have the right to relocate the kids to another city, state or country.
- [Tips for splitting your household possessions](https://www.lakeylaw.com.au/splitting-the-household-possessions/) - Working through your possessions & deciding who keeps what can cause a lot of conflict. It’s often the most hotly contested part of a property settlement.
- [Having a happy Christmas…  when it won’t be ‘happily ever after’](https://www.lakeylaw.com.au/seperate-after-christmas/) - By taking control and making small steps towards separation, you can prepare yourself for what lies ahead and position yourself for a better overall outcome.
- [Child support and spousal maintenance - what you need to know if you’re separating](https://www.lakeylaw.com.au/child-support-spousal-maintenance/) - Often, when a couple separates, the financial impact is felt immediately – especially when one person has been the ‘primary income earner’, or there are now two households to pay for.
- [We’ve separated. When can I see my kids?](https://www.lakeylaw.com.au/when-can-i-see-my-kids/) - Reaching agreement on parenting arrangements can be particularly difficult. Sometimes we see time with kids being withheld as a bargaining chip or way to punish the other parent.
- [Winter warmers for families in need](https://www.lakeylaw.com.au/winter-warmers-families-in-need/) - We’re collecting preloved children’s and adult’s winter clothing for Big Group Hug to distribute to Melbourne families in need.
- [How Lakey Family Law is supporting Big Group Hug](https://www.lakeylaw.com.au/big-group-hug/) - Big Group Hug is a grassroots community organisation helping Melbourne’s most vulnerable families and children. We support them in supporting families in need.
- [Changes to the Family Law Act impacting Property Settlements](https://www.lakeylaw.com.au/property-settlement-changes-to-family-law-act/) - A variety of changes to the Family Law Act that come into effect on 10 June 2025 will change how the Family Law Courts make decisions on Property Settlements.
- [How debts are treated in family law settlements](https://www.lakeylaw.com.au/debts-in-divorce/) - In Australia, debts (shared & individual) are treated like assets (houses, cars, investments, businesses, super) when determining the value of the property pool
- [Preparing for your first meeting with your family lawyer](https://www.lakeylaw.com.au/family-lawyer-first-appointment/) - There are three things you can do to prepare for your initial meeting with your family lawyer to ensure it is constructive, productive and worthwhile.
- [Everything you need to know about the Evatt List](https://www.lakeylaw.com.au/evatt-list/) - Evatt List cases are assigned, managed & overseen by a select group of Judges, Judicial Registrars, & Court Child Experts trained in handling high-risk cases.
- [Who will get what if we seperate?](https://www.lakeylaw.com.au/who-gets-what-when-we-seperate/) - One of the most daunting parts of separating from your partner, or even thinking about it, can be uncertainty of who will get what.
- [How mediation can make separation easier on everyone – especially the kids](https://www.lakeylaw.com.au/mediation-parenting-arrangements/) - Separating couples are usually required to enter into a process known as Family Dispute Resolution (mediation) before they can have their matter heard by the family court.
- ['What do you mean we were in a de facto relationship?'](https://www.lakeylaw.com.au/what-makes-a-de-facto-relationships/) - Everyday the family court hears disputes that centre on whether or not a couple was in a defacto relationship because one party thinks they were and one doesn't
- [Working through a property settlement... in the middle of a pandemic](https://www.lakeylaw.com.au/divorce-property-settlement-pandemic/) - Right now, working out what the asset pool is worth to proceed with a divorce property settlement is more difficult than normal – thanks to the COVID crisis.
- [Things to think about... If you're thinking about separating](https://www.lakeylaw.com.au/seperating-pandemic-covid/) - Months of lock down, home schooling & financial stress during the pandemic, has meant that many couples have decided that it’s time to part ways.
- [Changing a Parenting Order](https://www.lakeylaw.com.au/change-parenting-order/) - Uou need the other parent’s consent, or to be able to show that there has been a significant enough change in circumstances to require a review the order.
- [Safeguarding your loan or gift](https://www.lakeylaw.com.au/gifting-money-to-kids/) - If you're giving money to your child, consider the potential legal implications if they separate or get divorced in the future – even if they're single now.
- [The family court is changing](https://www.lakeylaw.com.au/family-law-court-changes/) - The hope is that these changes will improve the courts efficiency and effectiveness so that family law matters are resolved sooner and more simply.

## Pages

- [Lakey Family Law & Mediation](https://www.lakeylaw.com.au/) - We’re here to help you find your way through the challenges that lie ahead. To achieve the best possible outcomes for all involved. To help you come out the other side stronger and happier.
- [About](https://www.lakeylaw.com.au/about/)
- [Contact](https://www.lakeylaw.com.au/contact/)
- [Tools](https://www.lakeylaw.com.au/tools/)
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- [DIVORCE](https://www.lakeylaw.com.au/services/divorce/)
- [CHILD SUPPORT & SPOUSAL MAINTENANCE](https://www.lakeylaw.com.au/services/child-support-spousal-maintenance/)
- [PRENUPTIAL AGREEMENTS](https://www.lakeylaw.com.au/services/financial-agreements/)
- [PROPERTY SETTLEMENTS](https://www.lakeylaw.com.au/services/property-settlements/)
- [MEDIATION](https://www.lakeylaw.com.au/services/family-disputes/)
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## Categories

- [Blog](https://www.lakeylaw.com.au/category/blog/)
- [Property Settlements](https://www.lakeylaw.com.au/category/property-settlements/)
- [Parenting Arrangements](https://www.lakeylaw.com.au/category/parenting-arrangements/)
- [Family Law](https://www.lakeylaw.com.au/category/family-law/)
- [Divorce & Separation](https://www.lakeylaw.com.au/category/divorce-separation/)
- [Prenuptial Agreements](https://www.lakeylaw.com.au/category/prenuptial-agreements/)