
Who Gets Custody of the Children in a Divorce? Understanding Parenting Arrangements in Australia
Key Takeaways There is no automatic presumption that children will live with one parent over the other. The Court focuses solely on what is in
Samantha Miller is the Principal of Clarity Lawyers and a family lawyer with more than two decades of experience. Admitted as a solicitor in both Australia (2001) and England and Wales (2002), she combines local Newcastle roots with international experience gained at top-tier firms in London and a boutique family law practice in Surrey.
A fifth-generation Newcastle lawyer, Samantha studied a combined Bachelor of Science and Bachelor of Laws at the University of Newcastle and later completed a Master of Applied Law (Family Law). She returned to Newcastle in 2016 and founded Clarity Lawyers, where she leads a team guiding clients through separation, parenting arrangements, property settlements and all aspects of family law. Known for her empathy and strategic thinking, Samantha is committed to helping clients move through difficult times with clarity and confidence.

Key Takeaways There is no automatic presumption that children will live with one parent over the other. The Court focuses solely on what is in

Key Takeaways Married couples have 12 months from the date their divorce becomes final to apply for property or spousal maintenance orders. De facto couples

Key Points Ambiguous or outdated Wills. Assumptions of entitlement (especially among adult children). Complex family structures with stepchildren or multiple relationships. Poor communication or a

Key Points Summary DIY Will kits are low-cost but often come with high risk due to legal errors. In NSW, strict laws apply to how

A Testamentary Trust is often used for asset protection, tax planning, or to provide flexibility for changing circumstances. Key Takeaways A testamentary trust is a

To “contest a will” generally refers to making a Family Provision Claim. In NSW, the law provides certain eligible individuals with the right to contest
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