Family Law Resources
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Family Law, Parenting and Children
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 the best interests of the child. Shared parental responsibility does not mean equal time. Parenting arrangements can be agreed between parents or decided by the Court. Early legal advice can […]
Family Law, Property and Finances
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 must apply within 2 years of separation. If the deadline is missed, you’ll need the Court’s permission (leave) to proceed, and this is only granted in limited circumstances. Delays can […]
Estate Planning
Key Points Ambiguous or outdated Wills.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 lack of transparency about the estate plan. Estate planning can be complicated for any family, but it presents unique challenges for blended families — those where one or both spouses […]
Estate Planning
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 Wills must be signed and witnessed. Common DIY issues include vague language, omitted assets, and invalid execution and handwritten amendments. Professional legal advice offers compliance, clarity, and tailored estate planning. […]
Estate Planning
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 legal arrangement established through a Will, activated upon the testator’s death. It offers significant benefits, including asset protection, tax advantages, and controlled distribution of assets. Testamentary trusts are particularly useful […]
Estate Planning
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 a will or their entitlement on intestacy through what’s known as a Family Provision Claim. Key Takeaways Only eligible persons can contest a Will in New South Wales under the […]
Estate Planning
Key Takeaways Dying without a Will in New South Wales (NSW) means your estate is distributed according to the Succession Act 2006 (NSW), potentially excluding individuals or causes you care about. The statutory order of inheritance may not align with your personal wishes, especially in complex family situations. Without a Will, the process of administering […]
Estate Planning
Key Takeaways Estate planning in New South Wales (NSW) encompasses more than drafting a Will; it involves a comprehensive strategy to manage your assets and healthcare decisions. Essential components include Wills, trusts, powers of attorney, and advance care directives. Proper estate planning ensures your wishes are honoured, reduces potential disputes, and provides peace of mind […]
Divorce, Family Law, Ways to Reach an Agreement
When couples separate, one of the most critical—and often complex—steps is reaching a fair property settlement. Whether you’re married or in a de facto relationship, the division of assets and financial resources can significantly impact your financial future. Understanding the legal framework and what factors are considered in determining a fair settlement is essential. Property […]
Divorce, Family Law
Separation and divorce can be an emotionally charged and stressful time. However, mistakes made during this period can have long-lasting financial, emotional, and legal consequences. In New South Wales, understanding common divorce pitfalls and how to avoid them can save you from unnecessary complications, delays, and expenses. Here, we outline the 10 most common mistakes […]
Family Law
Grandparents can play an important role in a child’s life, providing love, support, and stability. However, when family conflicts arise due to divorce, separation, or other personal circumstances, maintaining a relationship with grandchildren can become difficult. While grandparents do not have automatic legal rights to see their grandchildren, they can apply for custody or visitation […]
In the aftermath of separation or divorce, dividing assets between partners is a crucial part of the legal process. One significant asset that must be considered is superannuation. Although often overlooked, superannuation is treated as property in Australia and therefore New South Wales, and its division can have a long-term impact on both parties’ financial […]
Family Law, Parenting and Children
Understanding Child Custody in NSW and Australia The phrase “custody” refers to parenting orders that determine where a child will live. The Federal Circuit and Family Court of Australia no longer use the term “custody” when deciding where a child lives and how they spend time with the other parent. Instead, the court focuses on […]
Divorce, Family Law
If you’re considering divorce in New South Wales, or any other State in Australia, understanding the 12-month separation rule is crucial. This rule is a key requirement under Australian family law and ensures couples take adequate time to reflect before finalising their decision. It might seem straightforward, but there are specific criteria that need to […]
Divorce
Separation or divorce is challenging enough for adults, but when children are involved, it adds an extra layer of difficulty. As a parent, you might wonder how to approach this sensitive topic with your kids without causing unnecessary distress. It’s crucial to communicate openly and honestly, ensuring they feel secure and loved during this unsettling […]
Divorce, Family Law, Parenting and Children
Navigating the complexities of co-parenting after separation can be challenging, and understanding the difference between parenting plans and consent orders is crucial. When it comes to making arrangements for your child’s future, knowing which option suits your family’s needs can make all the difference. While both parenting plans and consent orders aim to provide a […]
Family Law, Property and Finances
Divorce is a challenging period, both emotionally and financially. One of the main concerns during a separation is the protection of personal assets. In Australia, asset division is governed by the Family Law Act 1975, ensuring fair distribution. However, there are several strategies to help safeguard your assets during this process. Understanding Asset Division in […]
Divorce, Family Law
After a relationship ends, questions often arise about spousal maintenance and ongoing financial support for a partner, especially if one hasn’t been working due to reasons such as caring for children, incapacity, or age. Below are some frequently asked questions about spousal maintenance and financial support following the end of a relationship. What is Spousal […]
Family Dispute Resolution, Mediation
If you’ve separated from your partner and need assistance in reaching agreements on parenting or property matters, mediation—also known as Family Dispute Resolution—can be a practical solution. Mediation offers a way for you and your ex-partner to settle disputes over parenting or property without the need for court intervention. It’s generally faster and more cost-effective […]
Family Law, Parenting and Children
Many parents refer to “child custody” when discussing the living arrangements for their children after separating from a partner. However, this term is no longer used by legal professionals or within the Australian family law system. Since 1995, the terminology has shifted to “who the child lives with” and “the time the child spends with” […]
Family Law
You are not obligated to have a lawyer for Family Law matters, and the Court strives to make it easier for individuals to manage their cases independently. However, just because you can go it alone doesn’t mean it’s the best course of action. Family Law is more intricate and less straightforward than many other legal […]
Family Law, Property and Finances
Dividing property during a separation or divorce can be a complex and stressful process. Understanding the steps involved can help you identify what you’re entitled to and ensure a fair distribution. This post outlines the four essential steps to navigate property division in family law. Step 1: Identify and Value the Assets and Liabilities The […]
Parenting and Children
Child support can be a complex and sensitive topic for separated parents, especially considering payments continue until a child turns 18 or finishes high school (whichever is later). Let’s break down the key aspects to help you understand it better. What is Child Support? Child support is a financial contribution from one parent to the […]
Family Law
Family law matters can be emotionally charged and complex. While there’s no “wrong” time to seek legal advice, here are some situations where a family lawyer can be particularly beneficial: Considering Separation: Thinking about separating? A lawyer can explain your options, potential impacts, and empower you to make informed decisions. Newly Separated: Separation often brings […]
Divorce
While separation and divorce might sound similar, they have distinct meanings in Australian family law. Understanding these differences is crucial when navigating the end of a relationship. It is crucial to be aware that a property settlement or making arrangements for children can happen immediately upon separation and you do not need to wait for […]
Parenting and Children
Handling separation when you have kids, especially young children, can be incredibly challenging. The process is highly stressful and emotionally taxing for everyone involved. At Clarity Lawyers, our family law experts understand the complexities that come with separation and have put together some information to help you navigate this difficult time. By understanding key considerations […]
Divorce, Family Law, Ways to Reach an Agreement
Mediation is an effective and increasingly popular method for resolving family law disputes. It involves the parties involved working with a neutral third party to reach an agreement on various issues. At Clarity Lawyers, we believe in the power of mediation to resolve disputes amicably and with less stress than traditional court proceedings. This article […]
Divorce, Family Law
Separation can be a complex and emotionally challenging process, particularly when it comes to determining who has the right to stay in the marital home. In Australia, understanding your legal rights and responsibilities is crucial during this time. This article will explore the legal framework governing access to the marital home during separation, the factors […]
Divorce, Parenting and Children
Handling separation when you have kids, especially young children, can be incredibly challenging. The process is highly stressful and emotionally taxing for everyone involved. At Clarity Lawyers, our family law experts understand the complexities that come with separation and have put together some information to help you navigate this difficult time. By understanding key considerations […]
Parenting and Children
Understanding the legal implications and consequences of denying access to a child is crucial for any parent going through a separation or divorce in Australia. Denying access can have serious legal repercussions and impact the child’s wellbeing. This article will explore the legal framework, consequences, and steps parents can take to navigate this complex issue. […]
Family Law, News
In Australia, the concept of “divorcing” your parents, also known as child emancipation, is a legal process that allows a minor to become independent from their parents or guardians. While it may sound extreme, there are situations where this legal procedure is necessary and beneficial for the child’s wellbeing. In this edition of Family Law […]
Family Law, News
When navigating the financial aspects of divorce, understanding the terms “spousal maintenance” and “alimony” is crucial. These terms, often used interchangeably, have specific meanings that can impact your financial future. While alimony is commonly referenced in countries like the United States, in Australia, we talk about spousal maintenance. In this installment of Family Law FAQs, […]
Family Law, News
Child support is a crucial aspect of ensuring the wellbeing of children following a separation or divorce. It helps to cover essential expenses and maintain a standard of living for the children. But what happens if you don’t pay child support? In this installment of Family Law FAQs, our Newcastle family lawyers will explore the […]
Family Law, News
Understanding what constitutes property in family law is essential for anyone going through a separation or divorce. Proper knowledge of what is included as property can significantly impact the division of assets and ensure a fair settlement. In this installment of Family Law FAQs, our Newcastle Family Lawyers will help to clarify what is considered […]
Family Law, News
Navigating the complexities of relationship breakdowns can be challenging, especially when it comes to understanding the legal implications. One common question our family lawyers in Newcastle often get is about the difference between legal separation and divorce. In this installment of Family Law FAQs, we will explore what a legal separation is, how it differs […]
Family Law
When relationships break down, dividing assets can become a complex and emotionally charged process. This division sometimes includes not just shared property and finances but also individual inheritances. Whether you’re married or in a de facto relationship, understanding how inheritance is treated during a separation is crucial for safeguarding your assets and rights. In this […]
Family Law
Understanding your legal status in a relationship is crucial. Under Australian family law, being in a de facto relationship can significantly impact your rights and responsibilities, especially regarding property settlement and financial agreements. Knowing whether you and your partner qualify as a de facto couple can help you navigate your rights and obligations more effectively. […]
Family Law, News
Welcome back to our Family Law FAQs series at Clarity Lawyers. A frequent question we address is, “How long does family court take in Australia?” Understanding the timeline of family court proceedings is essential for anyone entering this system, as it helps prepare both emotionally and logistically. How Long Does Family Court Take? The […]
Financial Agreements (Pre-nups)
Prenuptial agreements, or “prenups,” as they are commonly known, often appear to be solid contracts, sealed before the big “I do.” Yet, one lingering question remains: can prenups be overturned, or do they always stand the test of time and trial? In this edition of our Family Law FAQs, our family lawyers explore the robustness […]
Family Law, Parenting and Children
In family law, the concept of “unacceptable risk” plays a crucial role in decisions regarding parenting arrangements. This legal standard is vital for ensuring the safety and well-being of children, guiding parents and legal professionals through the complexities of the family law system. In this edition of “Family Law FAQs” we are aiming to help […]
Financial Agreements (Pre-nups)
Discussing financial matters before marriage can be daunting, but prenuptial agreements (prenups) are increasingly popular in Australia for their role in protecting financial interests and providing clarity for both parties. In this article our family law and property settlement lawyers here at Clarity Lawyers explore the ins and outs of prenuptial agreements under Australian family […]
Divorce, News
The end of a marriage not only requires the division of assets and liabilities but also brings into question, what happens to gifts received during happier times of the relationship. Whether these are lavish tokens exchanged between spouses or thoughtful presents from loved ones, understanding how gifts are treated in a property settlement can be […]
Family Law, News
Welcome back to our Family Law FAQs series at Clarity Lawyers. Today, we’re tackling a question we often hear: “What is a financial agreement?” Known as binding financial agreements (BFAs) in Australian family law, these legally binding documents play a crucial role in outlining financial arrangements between partners. Whether you’re contemplating marriage, living in a […]
Family Law, News
The realm of family law in Australia often presents nuanced definitions of personal relationships that can have significant legal implications. A frequently asked question at Clarity Lawyers is whether partners can be considered in a de facto relationship without cohabitation. De facto relationships often cause confusion, so let’s clear up about de facto not living […]
Family Law, News
Navigating the responsibilities of separated parents towards the financial support of their children is a common area of inquiry in family law. At Clarity Lawyers, we are frequently asked questions regarding child maintenance, a topic that is of importance to ensuring the wellbeing of children following the separation of their parents. Here’s what you need […]
Family Law, News
Understanding the legal landscape of personal relationships in Australia can be challenging, with various types of partnerships recognised under family law. A common question we are asked here at Clarity Lawyers is what the distinction between marriage and de facto relationships is? Each has unique characteristics and legal implications, and it’s crucial to comprehend these […]
Family Law
In Australia, navigating the legal pathways of divorce can be a complex process, often leading individuals to question if they can undergo this significant life change and get a divorce without a lawyer. At Clarity Lawyers, we understand the importance of providing clear and accessible information on this topic to empower individuals with the knowledge […]
Family Law
The process of divorce is often accompanied by concerns about the financial impact. One of the most common questions we receive at Clarity Lawyers is about the cost of divorce in Australia. It’s a key consideration for anyone looking to understand the legal process and plan for their future. So, how much does a divorce […]
Property and Finances
Dividing assets during a divorce can be complex, and investment properties add another layer of consideration. These properties, while potentially valuable, come with ongoing management needs and tax implications. In this piece, we will explore the key factors to consider when dealing with investment properties in a divorce settlement and discuss your options for ownership […]
News
Engagement rings symbolise commitment and the joyous promise of marriage. However, when a relationship ends, the once cherished ring can become a source of contention. In Australia, the law surrounding who gets to keep the engagement ring after a breakup or divorce is not always straightforward. This piece can help you determine whether you get […]
News
Many people going through a divorce feel lost and unsure of the process, which makes it even more draining and stressful. To alleviate some of that stress and help you make informed decisions regarding the divorce process, our expert family lawyers answered some of your less common, but burning questions about divorce below. 1. […]
Divorce
Facing a divorce in Australia and considering hiding assets? Think again. The penalty for hiding assets in divorce Australia is severe, encompassing financial penalties, criminal charges, and potential imprisonment. Australian family law mandates full financial disclosure during divorce proceedings, and failure to comply not only jeopardises the fairness of the settlement but brings about strict […]
Family Law, Property and Finances
Finding yourself at the crossroads of a de facto relationship breakdown can feel overwhelming, especially when faced with the task of untangling your shared life and assets. It’s a path many walk without full awareness of their rights or entitlements, leading to unnecessary stress and confusion. In this article our aim is to shine a […]
Family Law, Property and Finances, Ways to Reach an Agreement
Dividing property after a relationship ends doesn’t have to involve costly court confrontations. Mediation offers a civilised approach to achieving a fair settlement. If you’re wondering, ‘what is the mediation process for a property settlement?’ this article will guide you through its structure – from preparing and participating in discussion sessions with a neutral mediator […]
Property and Finances
In the wake of a relationship breakdown, whether through separation or divorce, the division of property stands as one of the most critical and often contentious issues faced by former partners. Property settlement encompasses everything from the family home to superannuation, investments, and debts, requiring a meticulous evaluation of each party’s financial landscape. As many […]
Family Law
Coercive control in relationships is a sinister and often overlooked form of domestic abuse that can have devastating consequences on the lives of victims. By understanding the nature of this abusive behaviour, recognising the signs, and learning about the legal measures being taken to address it, we can support those who suffer at the hands […]
Divorce, Family Law
Pets are often considered part of the family. When couples separate or divorce, determining who gets custody of the family pet can become a contentious issue. Unlike child custody matters, there are no specific laws in Australia governing pet custody disputes in family law cases. However, the courts have been willing to consider pet ownership […]
Divorce
Just as no two marriages are the same, no two divorces are identical, especially when it involves an international element. Divorces involving international elements, such as a marriage occurring overseas, present some unique legal challenges in Australia but it’s certainly not impossible. In this article, we’re going to discuss how to get divorced in Australia […]
Divorce
Whether you’re already in the midst of working out a property settlement or you’re just starting to think about separation, you’re probably aware that divorce is a tumultuous journey that has a lot of legal and financial complexities. Among the myriad of property and assets to be divided is superannuation (retirement funds) and this particular […]
Divorce
Imagine a mountain climber preparing to ascend a steep peak. The journey may seem daunting at first, but with the right map and gear, the climb becomes manageable. Well, navigating the path of applying for divorce through a sole application in Australia can feel much the same. But fear not, the article we’ve put together […]
Divorce
Divorce is an emotionally challenging and legally complex process, making it difficult for individuals to navigate the intricate maze of decisions and requirements. To help to remove some of this confusion and complexity, our divorce lawyers in New South Wales, have put together a comprehensive step-by-step guide on how to get divorced in Australia. Our […]
Divorce
Navigating the legalities of divorce can be daunting, especially when emotions are high and futures hang in the balance. In Australia, the path to legally ending a marriage is paved with important considerations, foremost among them the concept of ‘no-fault divorce’. This principle, fundamental to Australian family law, has transformed the landscape of divorce proceedings, […]
Divorce
Divorce can be a complex and overwhelming experience for many, but what if there was a way to simplify the process and take control of your own separation? Enter the world of DIY divorce – an alternative approach that allows couples to navigate the divorce process without the high costs and lengthy legal battles often […]
Divorce, Family Law, Parenting and Children
Divorce, while primarily a decision between two adults, inevitably influences the lives of the children involved. As parents navigate the complexities of separation, children face their own set of challenges, grappling with changes in family dynamics and relationships. Divorce or parental separation can impact children’s mental health and the way children cope with their parents […]
News, Property and Finances
Think of family law in Australia as a journey where fairness is key, especially when it comes to dividing what you’ve built together. Whether it’s a de facto relationship or a marriage coming to an end, it’s all about dividing everything up in a way that’s fair and reflects the time you’ve spent together. But […]
Family Law, News, Parenting and Children
Many Australians have taken a more contemporary approach to relationships which, over time, has seen an evolution in the way relationships are legally recognised. The term “de facto relationship” is a well-known term in Australia, and one that also has legal connotations in the Australian Family Law System. But what exactly does this term mean, […]
Divorce, Property and Finances
When a relationship ends, there’s a lot to sort out, and one common concern is what happens to loans and mortgages, especially for couples who share property. It’s essential to grasp the impact of these financial ties. In this article, we’ll break down what goes on with loans and mortgages after a divorce, so you […]
Divorce, Property and Finances
When a couple decides to divorce or separate, one of the crucial aspects that must be addressed is the equitable division of assets, also known as a property settlement. While this process often involves assets like homes, cars, money, and retirement funds, it can become exceptionally difficult when complex assets, such as a business, are […]
Family Law
In Australia’s vast legal system, few areas resonate as profoundly with individuals as family law. It’s a domain that touches the core of human experiences and unfortunately revolves around some of the worst experiences that people can go through – from marriage and parenthood to separation and child custody. Decisions made in the Federal Circuit […]
Divorce, Family Law, Parenting and Children, Property and Finances
Marriage, for many, represents a bond of trust and commitment. But what happens when this bond is broken due to infidelity? In many cases, the break down of a couple’s bond after infidelity results in the breakdown of the relationship, leading to a separation or divorce. When infidelity occurs in a relationship, it can leave […]
Family Law
In accordance with the Australian family law system, the Federal Circuit and Family Court of Australia can issue court orders. A court order is essentially a legally binding directive that helps to resolve disputes between parties and allow them to move forward with their lives. When court orders are issued in the family law system, […]
Family Law, Parenting and Children
In today’s evolving Australian family landscape, understanding the intricacies of parenting agreements becomes paramount. These agreements, essential tools in navigating the complex waters of co-parenting after separation or divorce, lay down clear guidelines for both parents, ensuring clarity, predictability, and stability for children involved. As family structures diversify and societal expectations shift, the need for […]
Divorce, Family Law
For thousands of Australian couples every year, divorce becomes the inevitable end to a marriage. While certainly difficult both emotionally and logistically, having a thorough understanding of the divorce process can make this transition less painful. Here’s an in-depth look at what to expect when getting a divorce in Australia in 2023. Separation Periods A […]
Family Law
Family law matters are often emotionally charged, overwhelming and complex to resolve due to the highly personal and difficult situations involved. In many cases, having to navigate your way through a family law matter is usually because a family relationship, like a marriage or de facto relationship has broken down. The resulting separation or divorce […]
Divorce, Family Law, News
When life throws complex family issues your way, you may need to have a legal expert by your side. Family lawyers play a vital role in resolving matters that arise in family relationships, like divorce and separation, child custody, property settlements, and domestic violence in Australia. While you may be aware that having legal guidance […]
Divorce, Family Law, News, Parenting and Children
When a family relationship breaks down, it’s common for family disputes to arise. Family disputes can be resolved in various ways. For some people, they can resolve the disputes between themselves, while in other cases, working with a family lawyer makes the process a lot simpler. But what is the role of a family lawyer […]
Divorce, Family Law, Parenting and Children, Property and Finances
When marriages or partnerships end, important financial questions arise, and one of them is spousal maintenance. Think of it as financial help, like a safety net, provided by one partner to the other when they can’t support themselves after separation. In this guide, we’ll break down everything you need to know about spousal maintenance in […]
Divorce, Family Law, Financial Agreements (Pre-nups), Property and Finances, Ways to Reach an Agreement
A lot of change occurs when a marriage or de facto relationship ends. From new living arrangements, to changes in parenting, you also need to get used to no longer spending time or seeing your former partner as regularly, if at all. While each of these things have their difficulties, one of the most challenging […]
Ways to Reach an Agreement
Disputes and conflict are all too common in family law matters. These disputes often arise from the complexities of family relationships and unique personal circumstances, and it can feel impossible to find a solution sometimes. When disagreements occur in family law matters, finding a solution can happen in a wide variety of ways including privately, […]
Ways to Reach an Agreement
In the complex world of law, consent orders stand out as a practical and accessible option for reaching fair resolutions. Whether you’re navigating a family law matter, seeking to settle property disputes, working out parenting arrangements, or resolving financial issues, consent orders offer a way forward that promotes cooperation and understanding. In this article, we’ll […]
Divorce, Family Law
Over the past decade or so, the Australia family law system has undergone significant transformations to mirror the evolving societal attitudes towards equality and human rights. One of the most important aspects of this legal evolution has been the recognition and inclusion of same-sex relationships in the family law legislation. While these changes are positive, […]
Divorce, Property and Finances, Ways to Reach an Agreement
The mere thought of navigating through a divorce or relationship breakup can be daunting and stressful for anyone. There are just so many factors to consider, from finances to finding a new place to live. And if you have kids, you need to work out parenting arrangements. While the process of separating and divorcing can […]
Parenting and Children
Many fathers don’t know their rights after a separation. They immediately assume that the mother of their child has more rights regarding the welfare of their child due to social constructs and biases. This can cause fear among separated fathers, with a large concern being that they might lose access to their kids in the […]
Parenting and Children
In the family law world, few matters are as emotionally charged and distressing as parental alienation. Parental alienation involves the manipulation or undermining of a child’s relationship with one parent by the other. This undermining can result in long-lasting emotional harm to the child. Yet, despite these consequences, parental alienation remains a complex concept that […]
Parenting and Children
The end of a relationship is a challenging time for everyone involved. From determining how you’ll divide your assets to working out new living arrangements, a lot of decisions need to be made. For families with children, separation can be exceptionally challenging as you’ll need to figure out how you’ll parent moving forward. Unless a […]
Parenting and Children
If you’re going through a separation or divorce, you’ve most likely already thought about child support. That is if you have children, of course. So, if you have questions about child support, like “how does it work?”, just keep reading. When a marriage or relationship crumbles, a typical concern is the welfare of the children […]
Financial Agreements (Pre-nups)
Before your big day comes, it is important to straighten out certain financial topics for the benefit of everyone involved, including a prenuptial financial agreement. Now, you may dislike prenups and any type of prenuptial financial agreement due to what you’ve seen in the media. You probably think that prenuptial agreements are a means for […]
News
With hundreds of lawyers practising in the city, finding the best family lawyer in Newcastle & Armidale can feel like an overwhelming task. Nonetheless, when you find the right lawyer, it can make all the difference in your family matter. So whether you are contemplating a divorce, fighting for custody, or child support, you need to […]
Vlog
No one wants to pay more than necessary for anything, right? In fact, when it comes to legal advice and working with a lawyer, it’s the cost of doing so that can put people off. While the services of a family lawyer are almost always going to have fees, our services can often help you […]
Vlog
Family law matters are tough. The personal and emotional nature of these types of matters can make them extremely difficult and overwhelming to make your way through. It’s common to not know where to begin when your family relationship breaks down. It’s also common for people to want to dive right into sorting every matter […]
Vlog
Resolving a family law dispute can happen in many different ways. You may be able to come to an agreement with your ex-partner quite easily, you may be locked in a fierce battle that feels impossible to find a solution to, or you may be somewhere in the middle where you need some help in […]
Divorce, News
When you say ‘I do’, you never assume you’ll be thinking about how to initiate divorce proceedings anytime soon. You usually hope that your marriage will last forever, till death do you part. Unfortunately, many times this is not the case. The rate of divorce cases in Australia remains quite high, with an astounding 33% […]
News, Parenting and Children
Child Support and dealing with the Child Support Agency (Urgh!) The Child Support Agency (CSA) are notoriously difficult to deal with, you need to set aside a day on the phone if you intend to try and get any information out of them that way. What does help is doing your homework, knowing the process […]
News, Parenting and Children
Have you recently separated & the thought of making arrangements for the children at Christmas time is filling you with dread? You’re not alone, the first post-separation Christmas is the most stressful. After the first Christmas most families reach an agreement and fall into an annual routine which usually alternates or allocates specific time to […]
News, Parenting and Children
Question: Everyone keeps talking about ‘the Best Interests of the Child’ but how do you determine what is in ‘the best Interests of the Child’?! The Family Law Act 1975 requires the court to make orders which are ‘in the best interests of the child’. The best interests of the child are paramount considerations and […]
News, Parenting and Children
Can you change Parenting Orders by law? The Rule in Rice v Asplund As far as possible the court aims to make parenting orders final. Given the unpredictability of life finality is not always possible. In many cases new orders are necessary and/or desirable. There are two ways this can be achieved. If both parents […]
Divorce, News, Property and Finances
How much financial information do I have to disclose to the other side in family law matters? The answer to that question is fairly straightforward: both parties have a duty to provide ‘full and frank disclosure’ in both financial and parenting cases. In financial cases this involves disclosing your entire financial circumstances including income from […]
News, Property and Finances
Step 1 Identify and value the assets, liabilities and financial resources of both parties. These include all assets the parties are beneficially entitled to whether they be in joint names, sole names or held jointly with a third party or through trusts or corporation. Step 2 Look at the contributions made by each of the […]
News, Parenting and Children
Many people are rightly very concerned about bringing parenting matters to the attention of the Courts. The impact upon the children can be significant and no parent would wish to see their child exposed to that unnecessarily. Fortunately, the Australian court system is also very conscious of this fact and has developed procedures to ensure […]
Featured, News
The following glossary includes definitions of common family law terms & concepts: Adjournment – an Order that the matter be dealt with at a later date. Affidavit – written evidence of an individual relied upon in Court. Airport Watch List – an Order requiring the Federal Police to stop a named person leaving the country. […]
