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 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…
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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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Are you considering separation? A separation in your family. What does it mean for you? Have you clearly thought it through? This could be one of the most traumatic experiences a family will face. Separation can be devastating for everyone involved. How well you handle a separation will impact on…
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Spousal maintenance Similarly to child maintenance applications, a party can apply for spousal maintenance in the Court seeking financial support until all issues in the Court have been resolved. A spousal maintenance application can be made in its own right. It is not necessary to seek other financial relief from the…
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Child maintenance If negotiation fails, a party who has the care of the children can apply to the Child Support Agency for child support for the children. An application is made to the Agency and considered by the Registrar of that Agency. The child support payable is based on a…
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We want to separate. Where do we go from here? Many couples who separate can agree on what they wish to happen in relation to a distribution of their assets and, if there are children, the arrangements which they wish to make and put in place for the children’s future.…
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Is there family violence in your relationship? Are the stresses in your life caused by family violence, drugs or alcohol abuse by your partner? Family violence takes many forms. It is not necessarily verbal or physical violence. Many forms of violence are considered family violence under the legislation: It could…
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If you have ever had a person serve you Court documents at your home or in public or you have ever had a legal letter sent to you out of the blue you know it can be an unnerving experience. Very often it catches you by surprise and elicits feelings…
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