Category: Family Law
  • Family Law

Stolen Children – Custody And International Child Abduction

Family law disputes often involve haggling over tens or hundreds of millions of dollars’ worth of property, sometimes even more. With that much money at stake, things can get nasty. But without doubt the most bitter family law battles of all invariably are not the ones that concern dollars and cents, but the ones that revolve around custody and access to the children of the marriage. In the context of marriage breakdown the most terrifying prospect for any parent is the threat of international child abduction by a spouse and unfortunately, in recent decades, Australia has witnessed an alarming rise in the incidence of such abductions, spawned by the growing ease and affordability of international travel, the increasing proliferation of bi-cultural marriage, and the rapid escalation of the divorce rate.
  • Family Law, Migration

Introducing Gisele Reid – Family and Migration Law

Next Monday, when Nyst Legal officially re-opens its doors for 2016, we will have the pleasure of welcoming aboard an exciting new addition to our professional ranks. Gisele Reid is a promising young lawyer who will join us this year to practise in the fields of Family Law, Civil Litigation and Migration Law. Born and bred in Sao Paulo Brazil, she speaks fluent Portuguese and Spanish, and has extensive links to the expatriate Brazilian community on the Gold Coast. After coming here as a tourist in 2007, Gisele was so impressed with the Queensland lifestyle she decided to stay put, eventually enrolling in the Bachelor of Laws degree course at Bond University. Following her graduation from Bond in 2012, she practised extensively in Family Law with esteemed Family Law specialist, the late Mr Charles Cooper, and in 2016 she will join Nyst Legal to work primarily in our Family Law division. Meanwhile, she will also continue to service the business and other migration law needs of her clientele. We proudly welcome Gisele to the Nyst Legal line-up.
  • Family Law

Dalliance Discounts – De Facto Provisions Of The Family Law Act

If you're thinking of sharing your bed with someone sometime soon, it might be best to stop and think about precisely what you may be signing up for. Since 1 March 2009 the Family Law Act has applied not only to married couples, but also to people living together in a de facto relationship. That means you don't have to be legally married to someone in order to become entitled to a share of their assets if and when the relationship breaks down. If a court interprets the union between two people to be in the nature of a de facto relationship, the property of both parties will be up for grabs when the final curtain falls. And that can sometimes lead to somewhat unexpected consequences.
  • Criminal Law, Domestic Violence, Family Law

A Call To All Good Men – Stop Domestic Violence

It’s high time for good men to stand up and do something about domestic violence. Last year domestic violence was the leading cause of death and injury in women under 45 in this country. It reportedly accounted for 40 per cent of police time, and cost the economy $13.6 billion. The Easter period alone marked the death of six women and children in a single week. This year, which is not yet two months old, we have already seen 14 Australian women allegedly killed by domestic violence. If that figure runs true, we are online for the shocking statistic of two domestic violence related deaths per week in 2015. That represents a 100% increase in such crimes since last year. It underscores what campaigners have long warned, that domestic violence is at risk of reaching epidemic proportions in Australia.
  • Chris Nyst, Family Law

To Have And To Hold

Picture: Dylan Nolte Source: Unsplash In a recent matrimonial property dispute case, the Full Bench of the Family ...
  • Chris Nyst, Family Law, Technology

Stay Off Social Media And Out Of The Family Court?

Over the past several years anecdotal experience in the our family law practice has had some at Nyst Legal raising their eyebrows about the number of more mature couples lining up for the divorce, often after striking up new relationships over the Internet. Now it's official, with statistics showing that there is a growing in divorces involving couples in the over-55 age bracket. Australian Bureau of Statistics figures now show that the divorce rate is up 2% since 2011, with 49,917 Australian’s splitting in 2012, and experts are laying the cause partly at the feet of the explosion in social networking sites. Sounds like some people may be fudging their online profiles way too much.
  • Chris Nyst, Family Law

Pre-Nuptial Agreements Now Censoring Social Media. Okay, Why Not?

Picture: Zoriana Stakhniv Source: Unsplash These days the ambit of Pre-Nuptial Agreements is extensive, in some cases even regulating partners’ behaviour and interactions on Social Media Domains (Click here to view related article). However, they are much more effective than just stipulating what your partner can/cannot post about you online. Pre-Nuptial Agreements are one of the only available options available to those about to take the plunge to achieve some level of certainty in relation to financial agreements in the event their relationship eventually comes to a grinding halt. Nyst Legal’s Senior Associate, Rohan McAdam explains how amidst all the uncertainties of life you can hope to achieve at least some financial peace of mind.