ALRC Submissions- Share Your Experience

The Australian Law Reform Commission (“ALRC”) is currently calling for submissions from family law professionals and those with experience of the family law system. As such, Nicholes Family Lawyers is currently considering submissions regarding ways of improving the system whilst prioritising th...

Read more


Death no protection from property settlement

Facts In the recent decision of Whooten & Frost (Deceased) [2017] FamCA 975, Justice Cronin explored the power of the Family Court to make orders following the death of a party to proceedings. The Wife (Whooten) and Husband (Frost) had married in 2003 and divorced in June 2015. Between the time ...

Read more

Elderly couples and family law

An issue facing many elderly couples is when they become involuntarily separated from each other because of their declining physical or mental health.  This is most common when one spouse is moved to a nursing or aged care facility and out of the marital home. It is useful for family members of eld...

Read more



Who stays? Sole Use and Occupation Order

When people separate, one party often agrees to leave the family home however, this is not always the case. In some circumstances an issue can arise as to who will remain in the family home pending a final resolution of property matters. One option available to parties in this situation is to apply ...

Read more

Alternative Dispute Resolution- Collaboration

At Nicholes Family Lawyers we encourage our clients to make a genuine effort to resolve disputes with their former partner and avoid the need to go to Court. To help them resolve these disputes we recommend clients engage with a range of options, collectively referred to as methods of “Alternative...

Read more


Duress in Signing Financial Agreements

The issue of what constitutes duress when signing a Binding Financial Agreement was recently considered by the Full Court of the Family Court of Australia in the matter of Kennedy & Thorne [2016] FamCAFC 189. The parties met overseas where the Wife lived and were married in Australia the followi...

Read more