Blog
Category: Family Law
What is parental responsibility in family law matters
When discussing parenting arrangements for your child after separation, you may hear the term 'parental responsibility' being used. What does it mean? Why is it important? Does it govern the amount of time each parent spends with the child/children?
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Negotiating property settlement – what’s a fair share?
A common comment we hear, after separation, is "we have decided to split the assets 50:50 as that is fair". On the surface, this may look fair but delving deeper, it may not be in your best interests and it may not be what the Court considers just and equitable.
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Are there time limits for property settlement after separation or divorce?
One of the first questions a family law lawyer may ask you is 'when did you separate?'. There is a good reason for this question. Time limits apply to family law proceedings for property settlement.
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Getting a divorce in Australia
In 1975 the Family Law Act established the principle of no-fault divorce in Australia. This means that there is no longer any requirement for one of the parties to be considered 'at fault' for the relationship breakdown. The court only requires that there is an irretrievable breakdown of the marriage, in order to grant a divorce.
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Can I get a divorce if I have been married less than 2 years?
If you and your husband/wife have been married for less than 2 years, then you must attend counselling before filing an Application for Divorce. The two years is calculated from the date of the marriage to the date of applying for the Application for Divorce.
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How do I serve divorce papers in Australia?
When you divorce in Australia and you lodge your Application for Divorce, you are required to notify the other party (your husband or wife) that you have done this; unless you make a joint application. This notification is referred to as ‘service’.
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What happens to a loan from parents if the children divorce?
We have seen an increase in family law matters where one set of parents have provided money to their child and that child has subsequently separated from their partner. Whether the money provided by parents is a gift or a loan, can affect each party's entitlements when they divorce.
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The difference between a loan and a gift to family members
We have seen an increasing interest of late in parents considering providing money to their kids. One of the most common reasons is to help with the purchase of their first home. But is that money a gift? Or is that money a loan that needs to be repaid?
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Effect of marriage on your Will and other estate planning documents
Getting married (or divorced for that matter) can have significant impacts upon any Will, Power of Attorney or Appointment of Guardian you already have in place. Likewise, if you didn’t have any of these documents before marriage, now’s the time (before marriage or divorce), to get them done.
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Am I in a de facto relationship? Defining the meaning of ‘de facto’ and why it’s important in family law
Understanding if your relationship is considered "de facto" in family law matters is important if your relationship ends and you need to divide your assets and/or access spousal maintenance.
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We have separated amicably, what now? Your guide to family law Consent Orders
Consent Orders are a written agreement between the former spouses that is approved by the Family Court of Australia. They can be made in relation to parenting matters, or financial matters, or both and are legally enforceable.
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