Hang on. If you are in a relationship, does your partner have an interest? Unfortunately, the winning may not all be yours. How would the Family Court view it? A windfall can either be a sizable inheritance or a lotto win. In the eyes of the Family Court an…
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Does True Mediation Still Exist? Shuttle Mediation has taken the place of true mediation. How to avoid litigation in the Courts. How can this be achieved? Prior to Mediation Matters may be achieved by way of negotiations between the parties themselves or by without prejudice negotiations with solicitors. With Solicitors,…
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Where the children should live and how much time they should spend with the other parent or other significant adults in their lives are now subject to the Family Law Act. This came into effect in 2006. The principals in the legislation are summarised as follows: “The law will take…
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How to avoid the Court and the conflict that this entails? Overcome the conflict. Use your best endeavours to overcome the conflict. For the sake of your family, especially your children, learn to negotiate if possible, learn to overcome your animosity and to talk to your former partner in a…
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Superannuation in Family Law What does this mean for you? The Family Law Act was amended in 2002 to deal with superannuation. It gave power to the Court to deal with superannuation entitlements. The amendments allowed the Court to transfer entitlements in the fund of one of the parties to…
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What should I do? What happens if a separation does occur. A separation has three elements; Either party or both intend to end the relationship; Either party indicates that intention to the other party and; One of the parties or both parties act upon that intention to end the relationship…
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“Why should I support my wife/partner after we separate when I actually supported her and provided all our assets throughout our entire relationship.” Unfortunately, you may have a continuing financial obligation to your former partner. The Family Law legislation provides the basis for a Court determining the financial relationship of…
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The difficulties facing our client. We are dealing with a matter where the parents have separated and are having difficulties with their child who is 2 years of age. Alex (not his real name) is two years of age. He has a strong bonding relationship with his mother who has…
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