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What Happens During the Cooling-Off Period

If you have bought or are about to buy residential property in New South Wales, you would have heard of the cooling-off period. It is a short window after you sign the contract when you can still change your mind. But it is more limited than many people expect.How long it lastsIn New South Wales, the standard cooling-off period is 5 business days, starting the day the contract is signed. It can be shortened, extended, or waived in some situations, so it is worth checking what applies to your con...

Digital Assets and Your Will

Your life isn't just physical anymoreTraditional Wills focus on property, money, and possessions. But so much of life now exists online, and it's easy to forget these things need thinking about too.What counts as a digital assetEmail accounts, social media, photos stored in the cloud, online banking, loyalty points, cryptocurrency, and subscriptions all count. Some hold financial value. Others hold sentimental value, like photos and messages your family may want access to.The access problemEven ...

Recording a Conversation During Separation: What NSW Law Says

If things are tense with your ex-partner, it's tempting to hit record. Maybe you want proof of what was said, or you're worried about your safety. Before you do, it helps to know where you stand legally, and how a recording might actually play out in your family law matter.The general ruleIn NSW, the Surveillance Devices Act 2007 makes it an offence to record a private conversation without the consent of everyone taking part, even if you're one of the people in it. This applies whether you're re...

Family Law Update: the FCFCOA Enforcement List

The Federal Circuit and Family Court of Australia (FCFCOA) has introduced a new National Enforcement List which commenced on the 21st of September 2026.What is the National Enforcement List?The National Enforcement List is established in the family law jurisdiction of the FCFCOA. It is designed to prove a more streamlined process for enforcement applications and enforcement requests. These applications will now be lodged for filing by email (enforcementlist@fcfcoa.gov.au). What is an enforc...

Buying Your First Home: What Conveyancing Involves

A big step, with a lot of moving partsBuying your first home is exciting, but it also comes with a lot of paperwork you have probably never seen before. Conveyancing is the legal process of transferring a property from the seller to you, and it is worth understanding what it actually covers.Before you sign anythingA conveyancer or solicitor should review the contract before you sign, not after. This is when we check the property title, look for anything unusual in the contract, and flag anything...

When Should You Update Your Will?

Life changes, and your Will should keep up with it. A Will written years ago might no longer reflect your relationships, your assets, or your wishes. Here are the moments worth pausing to check.A relationship changesMarriage, separation, or divorce can all affect a Will. In New South Wales, marriage can automatically revoke (cancel) an earlier Will in some cases, while separation without divorce might not. It's worth checking rather than assuming.You have children, or more of themA new child mea...

What is Probate and Do You Need It?

'Probate' comes up a lot after someone dies, but it's rarely explained clearly. In simple terms, probate is the court's official confirmation that a Will is valid, and that the named executor has the authority to act on it.Why it existsBanks, land title offices, and other institutions need proof that the person managing an estate (everything someone owned) is legally allowed to. Probate is that proof. It protects everyone, the executor, the beneficiaries, and the institutions involved.Do you alw...

Superannuation and Property Settlement After Separation

Superannuation can be one of the most significant assets accumulated during a relationship. When a marriage or de facto relationship ends, superannuation generally needs to be considered as part of the overall property settlement.Australian family law allows superannuation to be divided between separating couples. The process involves identifying the relevant superannuation interests, obtaining information about them, valuing them and then deciding whether they should be divided by agreement or ...

Who Can be a Surrogate?

Becoming a surrogate is a significant decision, and one that comes with legal requirements designed to protect everyone involved, the surrogate, her family, and the intended parents.Age requirementIn New South Wales, a surrogate generally needs to be at least 25 years old at the time the arrangement is entered into.Independent advice and counsellingBefore entering an arrangement, a surrogate needs to receive independent legal advice, separate from the intended parents' advice, and counselling. T...

Blended Families and Wills: Getting it Right

If you've remarried, or you have children from an earlier relationship, a standard Will often doesn't reflect what you actually want. It's a common gap, and an easy one to fix once you know to look for it.The problem with assuming it'll "work itself out"A Will that simply leaves everything to a current spouse can unintentionally leave children from an earlier relationship with nothing, especially if the spouse later updates their own Will. This isn't usually anyone's intention. It's just what ha...

Relocation, Travel and Passports: Can I Move With My Child After Separation?

If you've separated from your child's other parent and you're thinking about moving, you may be wondering whether you can take your child with you.The answer depends on your circumstances. If the move will affect the time your child spends with the other parent, you may need their agreement or permission from the Court.The most important thing to know is that the Court will always make decisions based on what is in the best interests of the child.What is relocation?Relocation simply means moving...

Coercive Control and Family Violence: What You Need to Know

What Is Coercive Control?When people think about domestic or family violence, they often think about physical abuse. But abuse is not always physical.Sometimes it involves a pattern of behaviour that is designed to control, frighten or isolate another person. This is known as coercive control.From 1 July 2024, coercive control became a criminal offence in New South Wales.What is coercive control?Coercive control is when one person repeatedly uses abusive behaviour to control or intimidate a curr...

What Happens to Your Pets in Property Settlements?

The Family Law Act 1975 (Cth) (the Act) sets out rules for dividing property when a marriage or de facto relationship ends. Recent changes to the Act make it clear how pets, called "companion animals," should be dealt with in property settlements. This article explains how pets are treated under the Act and what the courts look at when deciding who should own a pet.When deciding who should get the pet, the court will look at who cared for and paid for the pet, any history of violence or cruelty,...

Family Loans: the 'Bank of Mum and Dad'

In today’s economic climate, parents increasingly provide financial support to their adult children, whether for housing, living expenses, or other major costs. This arrangement, colloquially known as the ‘bank of mum and dad’, is often well-intentioned. However, without clear understanding and documentation, such arrangements can give rise to significant family law risks, especially when relationships break down or misunderstandings arise.Understanding Family Loans and GiftsThe ‘bank of...

Choosing an Executor for Your Will

An executor is the person named in a Will to carry out your wishes after you die. It's a role people often accept without fully knowing what it involves, so it's worth understanding before you ask someone, or agree to do it yourself.What an executor actually doesAn executor locates the Will, arranges the funeral, and applies for probate (the court's official approval to act on the estate) if needed. They then collect assets, pay debts, and distribute what's left to the people named in the Will.I...

Relationship Breakdown and Capital Gains Tax Implications

When a relationship ends, dividing assets such as property, shares or investments can have tax consequences.The good news is that the relationship breakdown CGT rollover may allow you to defer capital gains tax (CGT) when assets are transferred between separating spouses.When does the rollover apply?The rollover can apply when an asset is transferred because of a qualifying:Family Court or other court orderConsent orderBinding financial agreementThe important point is that the transfer must be c...

Dating During Separation

“Can I start dating while separating?" People ask me this a lot.Yes, you can. In Australia, you don’t need to wait for your divorce to start dating someone new.But think carefully before you start. Separation can take a long time-out.  You might still be sorting out money or arrangements for your children. Dating is allowed but think about whether this is the right time for you and your family.Your ex probably won’t love itEven when your relationship is over, your ex may find it hard ...

What Happens if you Die Without a Will?

If you die without a Will, it's called dying "intestate". It means there's no document setting out your wishes, so a fixed legal formula decides who gets what. It doesn't ask what you would have wanted. How the formula works In New South Wales, the rules generally favour a spouse or partner first, then children, then other relatives such as parents or siblings, in a set order. If you have a blended family, a long-term partner you weren't married to, or close friends you wanted to include, the fo...

Magistrates Will Now Be Called Judges of the Local Court

Following the recent amendment to the Local Court Act 2007 (NSW), New South Wales magistrates will now be referred to as Judges of the Local Court. This new title formally took effect on 28 March 2026. Why was this change made?The term magistrate is a historical one, stemming from a time when magistrates were drawn from the ranks of public servants and sat in the Courts of Petty Sessions. Their present role and qualifications majorly differ from this, with all magistrates in New South Wales...

New rules on restrictive medical practices and your Enduring Guardian

If you have appointed an Enduring Guardian, or you are thinking about it, there is an important update you should know about. It is about something called “restrictive practices”, and it changes what your guardian can and cannot do for you.An Enduring Guardian is someone you choose to make lifestyle and health decisions for you, if you ever lose the ability to make them yourself. This might be after an accident, a stroke, or as dementia progresses. You appoint them now, while you have full c...

Cryptocurrency in Family Law Property Settlements

Cryptocurrency is increasingly appearing in Australian family law property settlements. Bitcoin, Ethereum, stablecoins, NFTs and other digital assets can form part of the property pool when a couple separates.Is cryptocurrency property?Yes. Cryptocurrency is generally treated as property under Australian family law and must be disclosed as part of the property settlement.The obligation to provide full and frank financial disclosure applies to cryptocurrency whether it is held on an exchange, in ...

Do You Actually Need a Will?

"Do I really need a Will? I don't have much to leave." We hear this a lot. And the answer is almost always yes, no matter how much or how little you own.A Will isn't just about money or property. It's about making sure the people you care about are looked after, and that your wishes are followed, instead of leaving it up to a set of rules that may not match what you'd want.What a Will actually doesA Will says who gets what when you die. It names an executor (the person who handles your estate, m...

Separation and Mental Health

Separation or divorce can turn life upside down. Along with the emotional impact, there may be changes to your home, finances, family relationships, routines and plans for the future. It is completely normal to feel overwhelmed, anxious, frustrated or uncertain during this time.You don’t have to manage it aloneEveryone experiences separation differently, and there is no “right” way to cope. Having people around you can make a real difference. Talk to trusted family or friends, seek profess...

Application for Consent Orders vs. Binding Financial Agreements

If you are looking to finalise property or parenting arrangements after separation, you may come across two commonly used pathways: Application for Consent Orders and Binding Financial Agreements. Understanding the differences between these options can help you choose what’s right for your situation.What Are Consent Orders?Consent Orders are agreements about property, parenting, or both, that are filed with the Family Court for approval. The Court will only approve orders that are fair, just, ...

Purchasing Property At Auction

Purchasing a property at auction can be both exciting and stressful. Once the hammer goes down at auction, the contracts are immediately binding on all parties. There are several steps and procedures involved to ensure that you are organised, you have completed your due diligence and you are ready to purchase.  These important steps should be completed prior to attending an auction.1.      Have a licensed conveyancer or solicitor review the contract It is essential ...