Articles
De Facto Relationships in Family Law
Just because two people have been in a relationship for at least two years does not necessarily mean that they are in a de facto relationship for family law proceedings. Although the length of the relationship is one element that the Courts need to consider, it is not a sole determining factor.
What is disclosure in family law matters?
In family law, parties have an obligation both to the court and to each other, to provide full and frank disclosure. What does that mean? Let’s take a look at what disclosure is in family law matters .
School - Who Decides?
When parties separate, there are many decisions that still need to be made for the children. What is considered a major decision and who will decide?
Time Limitations in Family Law
Divorce and property settlement are two separate matters that have very different time limitations and need to be dealt with differently.
Vaccinations and co-parenting: what happens if you cannot agree?
While vaccinations in general are often a hot topic in family law parenting matters, the introduction of the COVID-19 vaccine has further ignited the vaccination debate. Under the Family Law Act there is a presumption that both parents have equal shared parental responsibility, and decisions about vaccinations should be made jointly. However the court can make orders to change parental responsibility, for example in circumstances where a parent has engaged in abuse of the child, family violence, or co-parenting is not in the best interests of the child. The court can also make specific orders about vaccinations for children.
Inheritances, Compensation and Windfalls
Deciding who gets what when couples separate can be very complex. Inheritances, injury compensation payments, lottery winnings, and other windfalls are just some of the complexities that couples will need legal advice about. Here’s some in-depth information about how family law in Australia deals with these types of assets at separation.
6 Steps To Take Before Meeting with a Lawyer
If you are contemplating separation or divorce in the near future, there’s certain things you should do now just in case. If you don’t follow these basic steps, you could be left vulnerable and you might lose the opportunity for a fair settlement under family law proceedings. You may also end up having limited time with your children under family law parenting arrangements.
Check it twice, pay once
The old adage “measure twice, cut once” was a common phrase on worksites. But my grandfather also built things as he went, “offering up” one piece of carpentry to another, to ensure a perfect fit. It is worth having a chat to a lawyer first, before getting anything drafted up, to make sure you only have to pay once. Even if you and your ex-partner are completely amicable. They can make sure all the legal pieces of your separation fit together seamlessly.
7 Step Separation Checklist
If you are contemplating separation or divorce in the near future, there’s certain things you should do now just in case. If you don’t follow these basic steps, you could be left vulnerable and you might lose the opportunity for a fair settlement under family law proceedings. You may also end up having limited time with your children under family law parenting arrangements.
The Importance of a Will
In my practice I often hear my clients say they don’t need a last will and testament. Sometimes, it’s because they’re confident their husband or wife will just get everything when they die. sometimes because they’re confident their children all get along well, and there’ll be no arguments about what happens.
But that’s not how the law works.
Working Out What’s Best for the Children
In working out what is in the children’s best interests, parents should must consider the list of factors set out in the Family Law Act. These factors include the benefit to the children of having a meaningful relationship with both parents, balanced against the need to protect children from abuse or family violence.
This need to protect children should always be given more weight, if there is a real and unacceptable risk of harm.
What is a Fair Property Settlement?
The right lawyer can help you quickly and efficiently sort out your property matters when you separate. There are a number of hidden traps and dangers if you do not get the right advice early, including the risk that some assets and liabilities won't be properly accounted for, and one or the other side will end up without a fair settlement.
Domestic Violence, Family Law, and the Boiling Frog
Family violence allegations and parenting disputes often go hand in hand. Where domestic violence orders can have serious ramifications, and going through Court to prove what really happened is emotionally and financially challenging, it makes sense to focus on the end-game.
Working out your property split - it’s complicated
If you have recently separated, then you and your partner probably need to work our a just and equitable property settlement. What is fair depends on your own unique circumstances. There’s no quick-and-easy formula, but here is some useful knowledge about how to apply family law to your situation.
We’ve Separated … What’s Next?
Hang on, you are in for some big changes! If you have recently separated, here is an easy-to-read guide for what comes next and where you can get help. Separating is recognised as one of the most stressful changes in one’s life. Here’s what you need to know right now.
Time Limits for Divorce
If you have separated, there are important time limits that you need to know about. Once your divorce is finalised, you must finalise family law property settlement within 1 year. You and your ex-partner will also need to be "separated" for at least 12 months before either of you can apply for a divorce. Any time spent where you and your ex-partner have made genuine attempts to reconcile the marriage will not ‘reset’ the 12-month time limit, however time spent attempting reconciliation cannot count towards the 12 months.
Where There’s a Will …
Advice about your last will and testament and stepchildren. If you have re-partnered, and have children from a previous relationship, here are some tips for getting proper family law advice about your will. Without the right will, your estate may not go where you want it to go.