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To Be or Not to Be – Our Family Law Lawyers Explain the Requirements of De Facto

Our Family Law Lawyers know the importance of obtaining instructions about the nature of your relationship and whether it meets the legal requirements of a defacto relationship.

In the recent case of Bava & Chaudry [2021], the parties had a relationship of about 2 and a half years. They were not married.

The Applicant’s family law lawyers filed an application seeking property orders on the basis that she believed the parties were in a de facto relationship. The Respondent, on the other hand, argued that the parties were never in a de facto relationship, despite the relationship spanning over 2 years. [...]  READ MORE →

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4 Important Questions You Should Ask Your Divorce Lawyer

By Carolyn Munk, Principal Family Lawyer. 

Your Divorce Lawyer will tell you that an early practical and cost effective outcome is the best outcome for you and for the family as a whole.

Sometimes in complex matters that is not possible, but in many cases, if the client is well informed then such an outcome is easier to achieve.

Our Divorce Lawyers try to ensure our clients are informed about the following considerations:-

  1. What will be the impact of litigation upon the family and the future of the family to work together
  2. What is my best likely outcome
  3. What are the risks and the worst likely outcome
  4. How much will the legal costs be if I:-
    • Settle the case now
    • Try to see what settlement can be achieved if I participate in mediation
    • Proceed to litigation and let a Judge decide what financial and or parenting Orders should be made for my family.

While the Judges do the best they can in a limited time frame and with a limited knowledge of your family; there are significant Court delays and these are now probably the worst that they have ever been. [...]  READ MORE →

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Can your Affair End in a Property Settlement? Family Law Lawyers Delve Into This

If you are in an intimate relationship with another person, something that you may want to consider is whether the nature of the relationship with that person could result in a possible claim for  property settlement if that relationship were to break down. Firstly, your family law lawyers will need to consider whether your relationship amounts to a de facto relationship. Considerations include the duration of the relationship, whether you have lived together, whether you attend events together socially, and whether you depend on each other financially. [...]  READ MORE →

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Worried About Facing Your Ex at Family Mediation? Shuttle mediation may be an Option For You

Family mediation can often be a daunting experience. This is particularly so for those who are worried about coming face-to-face with an abusive or controlling ex-partner. However, did you know that there are alternatives to face-to-face family mediation? Depending on your individual situation, shuttle mediation may be a suitable option for you.

Shuttle Family Mediation

In shuttle family mediation, the parties to the dispute are separated into different rooms or locations. The mediator moves between each of the rooms and conveys the other parties viewpoints, ideas and offers. This may be appropriate for relationships characterised by high levels of conflict or domestic violence. Shuttle mediation is also a good alternative where Court Orders prevent the parties from being together physically. The aim of this type of mediation is to maximise the safety of both parties. [...]  READ MORE →

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Parenting During a Pandemic – 5 Tips to Get Your Family Through Covid19

Parenting During a Pandemic: 5 Tips on How to Get Your Family Through Covid19

Separation and divorce can be one of the most stressful periods of a person’s life. Adding a Pandemic to the mix can make this time feel almost unbearable. Our Family Law Lawyers have put together 5 tips on how to get your family through Covid19 and navigate your separation during this turbulent time.

  • Stick to Your Parenting Orders

If you have parenting Orders in place, you must continue to meet your obligations during the pandemic as best you can. If your Orders provide for time to be spent with the other parent, you need to facilitate that time to the best of your ability. Be prepared to face practical problems when implementing your parenting Orders during this time particularly with changeovers and time spent with the other parent due to quarantine, travel restrictions, sporting and school closures. [...]  READ MORE →

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Family Law, Creditors and other third parties

Family Law, Creditors and other third parties

Typically, family court proceedings involve two parties, namely married or de facto spouses in a property related matter, or two parents in a parenting matter. Additional parties may be joined to parenting proceedings in particular circumstances, such as grandparents or another person concerned with the care, welfare and development of the child or children.

In property matters, third parties may also be joined as parties to the proceedings in a number of circumstances. Some examples of third parties that may be joined to the Family Court property proceedings include: [...]  READ MORE →

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Benefits of Consulting with a Marriage Lawyer

When a marriage or de facto relationship breaks down, it can be a stressful time. Part of this process may involve the separation of assets, which may include the family home, business interests, investments, savings and superannuation.   If a mutual agreement cannot be reached, the Court can determine the settlement. Obtaining the right financial and legal advice from a marriage lawyer at the early stages of this process can help a party to navigate their way through the Family Law system and make decisions about their assets and superannuation that provides a better outcome. [...]  READ MORE →

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Why you should check with a separation lawyer about enforcing a property order against you ex’s superannuation

You may settle your property arrangement with your former partner by agreement, with assistance of a separation lawyer or by judgment of the Court. This may include for property to be transferred to one of you, or for a cash payment made in exchange for an interest in property.

But what happens if you have these orders, but for one reason or another, your former partner has not completed their end of the bargain? What if your former partner is to pay you a certain sum of money by a certain time, but the time comes and goes, with no payment from them? What if, after seeking legal advice from a separation lawyer and looking to enforce the orders, you find they have no means of payment? If they have no substantial assets, can you make an application to the Court and seek the monies they have agreed to give you are taken from their superannuation? [...]  READ MORE →

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Why should you speak to a separation lawyer about who keeps the engagement ring?

In New South Wales the leading case concerning who keeps the engagement ring is Papathanasopoulos v Vacopoulos [2007]. Mr V and Ms P were engaged to be married in 2005, but 10 days after their engagement party Ms P called it off. Shortly after calling off the engagement Ms P attempted to return the ring to Mr V, only to retain it in a box with other mementos from the failed relationship. There the ring was destined to stay, until an interaction on the phone between the parties further soured their interactions; to the extent that Ms P instructed her father to throw the box of mementos, including the ring, in the garbage. Mr V, upon learning of the ring’s fate, brought a claim against Ms P in the Supreme Court for the value of the ring, being $15,250. [...]  READ MORE →

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Superannuation and Family Law Lawyers

For most working Australians, superannuation is the largest asset they will have outside of owning their home.  The amount of superannuation that an individual has will largely depend on their employment history and earnings.

How does this relate to divorce and separation?

A recent research report by David Hetherington and Warwick Smith from ‘Per Capita’ has noted how women’s superannuation generally accrues at a lower rate than men’s. See Figure 1 below which highlights data from the Australian Bureau of Statistics.

graph

The report notes that superannuation benefits accrue in direct proportion to income received. It is often the case that women spend less time in the workforce and so do not have the same opportunity as men to contribute towards their superannuation. Reduced time within the workforce is attributable to various factors including taking time off work to care for young children, carer responsibilities such as taking children to and from school and caring for children when they are sick.  Other relevant factors include the cost and availability of childcare. All of these contributing factors often lead to an increased likelihood of being engaged in part-time or casual employment.  Clearly these factors would also apply to fathers who carry out a primary care role. [...]  READ MORE →

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Child Support Lawyers advice for Children over 18

Financial assistance for children under 18 is usually by way of child support. For children over 18, child support lawyers  may be able  to provide advice to determine if financial assistance usually by way of child maintenance will be suitable.

How do child support lawyers and the Court assess child maintenance 

Child maintenance orders for children over 18 are made at the Court’s discretion and in consideration of the threshold test and capacity to pay.

Section 66H requires the Court to;

  1. Consider the financial support necessary for the maintenance of the child; and
  2. Determine the financial contribution towards the financial support necessary for the maintenance of the child, that should be made by a party.

(a) Financial Support Necessary

In determining the financial support necessary the Court considers a variety of matters under section 66J of the Act. [...]  READ MORE →

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The Role of Child Support Lawyers

Child support is an issue likely to transpire for parties separating with children. It is the way in which separated parents address their financial responsibility to their children.

The Australian Bureau of Statistics defines child support as:

“Cash or in-kind payments towards the financial well-being of children. These payments are usually made by the non-resident parent to the parent who has primary care of the children.”

What is the Child Support Agency?

The agency is a Government Human Services department that has the primary role of registering, assessing and collecting payments. [...]  READ MORE →