Family Law

RKL practices in the following areas:

  • Children’s issues inlcluding: Adoption, Child abduction and Hague Convention matters, Child maintenance and support, IVF and surrogacy arrangements, Relocation and Specialist medical procedures. 
  • De facto/domestic relationships
  • Domestic violence and intervention orders
  • Financial agreements
  • International family law
  • Mediation and litigation
  • Protection of assets
  • Same sex relationships
  • Separation and divorce
  • Spousal maintenance
  • Property settlements
  • Superannuation splitting

RKL also has signifiant experience in Migration Law.

Magda Kron is a Collaborative Law Practitioner and a Member of the International Academy of Collaborative Professionals

Latest Family Law News

Published in Family Law on 5th Feb 2015

Under the National Energy Retail Law Act, which establishes the National Energy Customer Framework, energy companies are required to have “hardship policies” to assist customers if they fall into arrears, as they may be experiencing hardship such as loss of income, family crises, separation, and family violence. Read the Age’s recent article here.    ...

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Published in Family Law on 30th Jul 2014

Other than the fact that Monica and Chandler’s relationship was very brief, and less than the 2 year period prescribed by the Family Law Act 1975 (“the Act”), what is particularly interesting about this scenario is that Monica and Chandler never had sex. This set of facts was very similar to the facts of the recent case, Spencer & Speight [2014] FamCA (“Spencer & Speight”), which Rudstein Kron Lawyers was involved in. In that case, the Court held that you do not need to have engaged in sexual intercourse (or indeed any kind of sexual activity) to be considered to be in a de facto relationship. How does the Court determine if there is a de facto relationship? Sectio...

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Published in Family Law on 28th Sep 2013

How does the Court determine if two people are in a de facto relationship? The determination of whether a de facto relationship exists will turn on its individual facts, and the Court looks at each relationship on a case-by-case basis. Section 4AA of the Family Law Act 1975 (“the FLA”) provides some guidance in this area, and defines a de facto relationship as one in which a couple are “living together on a genuine domestic basis” having regard to “all the circumstances of their relationship”. The “circumstances” may include “any or all” of the following factors: (a) the duration of the relationship; (b) the nature and extent of their common residence; (c) whether...

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Published in Family Law on 10th Oct 2012

The doubt over the constitutional validity of the bill appears to have been its undoing, with speakers against the bill speculating that the law may be inoperative because it is inconsistent with the Commonwealth Marriage Act. The general consensus was that a High Court challenge was inevitable, which would be costly and time-consuming. Unfortunately, the answer to whether a state law permitting same-sex marriage would be inoperative or invalid will not be known until such a challenge is brought before the High Court. Attention has now turned to South Australia where it is expected that a same-sex marriage bill will be introduced to Parliament early next year. This article provides infor...

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Published in Family Law on 17th Sep 2012

Unless your property settlement is documented in Consent Orders (and approved by the Family Law Courts) or a Binding Financial Agreement, it is an “informal property settlement” and it is not legally binding. Whilst there is no law preventing you from making an informal property settlement, it means that you are vulnerable to your former spouse or partner making an application to the Family Law Courts for a greater share of the property pool in the future. This means that months or years down the track, even after you may have re-partnered or purchased new property, your former spouse or partner can come back for “another bite”. We recently acted for a client whose former spouse...

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Published in Family Law on 9th Sep 2012

On 30 August 2012, Tasmania made the news headlines when its lower house of Parliament became the first in Australia to pass a bill to legalise same-sex marriage when the Same-Sex Marriage Bill 2012 was passed by 13 votes to 11. There has been some heated debate over the constitutional validity of laws made by states and territories pertaining to same-sex marriage. The prevailing view appears to be that while the states and territories have the power to legislate on same-sex marriage, any laws made may be invalid or inoperative to the extent that they are inconsistent with the federal Marriage Act 1961. Ultimately, the question is one for the High Court to answer. Tasmania’s upper hous...

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