No Comments

Divorce Lawyer advice on the Impact of Divorce on Retirement

Often during a highly stressful divorce or property settlement, for instance where domestic violence may be involved or the parties are simply eager to settle quickly and move on with their lives; individuals are readily settling without consideration of future financial stability.

In particular, an article by Patricia Babalis highlighted a report by the Swinburne Institute for Social Research which discovered that at divorce, asset settlement ‘is often mishandled due to emotional tension and ignorance of what can be included in a settlement’. [...]  READ MORE →

No Comments

Prenuptial Agreement

Going into a marriage or de facto relationship, couples do not plan to fail, however often couples fail to plan, overlooking benefits that a prenuptial agreement may have.

A binding financial agreement is a way that couples can plan out the potential future rights or obligations of either party in the event that the relationship doesn’t work out. Such an agreement can be made before or after entering the marriage or de facto relationship.

What can the agreement include?

Prenuptial agreements can cover a range of assets, financial resources and liabilities that are often precluded from individuals minds. Such areas other than income that may be addressed by a prenuptial agreement may include: [...]  READ MORE →

No Comments

Reaching parenting agreements with family law lawyers out of court

In addition to family dispute resolution (FDR), there are a variety of alternate ways that arrangements for parenting matters can be made with family law lawyers and without the court’s involvement in the decision making.

Lawyer Negotiation

Where parties are unable to or unwilling to negotiate with one another, negotiation can take place between their family law lawyers. This form of dispute resolution usually commences with an exchange of client instructions outlining each party’s view and an offer. A more formal version of lawyer negotiation that  often occurs after a correspondence exchange is a ‘four-way conference’. This is where both parties and their respective lawyers meet and attempt to reach a resolution. If agreement is reached, it can therefore be formally documented with the assistance of the family law lawyers through an application for consent orders or a parenting plan. [...]  READ MORE →

No Comments

Separation Lawyer and Property Orders

Clients often ask their separation lawyer, “What kind of property Orders will the Court make?”

In the 2012 case of Stanford; the Appeal Court of the Family Court decided that in some cases, the Court may decline to make any property Orders between partners who have separated. Most parties who commence their case in the Court expect that the Judge will make some type of Order for a property adjustment.
In the case of Stanford, divorce lawyers saw that sometimes the Court will not make any order. Before the Court makes an Order the separation lawyer needs to be able to show that it is just and equitable to do so. [...]  READ MORE →

No Comments

Property Settlement Agreement – What Exactly Counts as Property?

Although many separating couples have some idea as to what constitutes ‘property’, there is often some confusion when it comes to determining what exactly is ‘property of the relationship’ and thus subject to be examined in the property settlement agreement. A brief overview of what is considered ‘property of the relationship’  during property settlement agreement negotiations include

Assets owned either jointly or in separate names by yourself and your former spouse, for instance:

  • Family home
  • Holiday house
  • Investment Properties
  • Any cars or other vehicles
  • Household appliances, furniture and other chattels
  • Personal belongings (e.g. jewellery)

Assets under the control of yourself or your former spouse, including:

  • Any businesses
  • Superannuation
  • Shares in family businesses
  • Investment properties in family trusts

Any joint or separately held liabilities, such as:

  • Mortgages
  • Credit cards

Our specialist family law team can assist and advise in your property settlement. Our Accredited Family Law Specialists are able to look at the best outcome for you and give you advice as to your property, legal rights and entitlements. [...]  READ MORE →

No Comments

Grandparents and Child Custody Applications

In a recent case, the maternal grandmother brought a child custody application in the Federal Circuit Court against her daughter and son-in-law who were at the time separated, seeking orders in relation to her six year old and four year old grandchildren. Initially the grandmother commenced proceedings seeking that the children live with her but later seeking that they have holiday time with her and weekend time each month.

The Judge noting that the grandmother had an extremely poor relationship with the mother and that the grandmother failed to understand the impact of her behaviour upon her child and grandchildren the Court considered what would be in the best interests of the children.  The case shows how important it is for your family law lawyers to provide an understanding to you as to what factors the Court needs to have regard to and what circumstances can be persuasive in particular cases. [...]  READ MORE →