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Spousal maintenance Similar 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 other party. The Courts consider the income levels of both parties and the expenditure of each party for their day-to-day living and other expenses. If a person does not...

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 formula which depends on the incomes of the parties and the care of the children. The Child Support Agency will determine the amount of child support payable, which is normally...

Want Separation? Do Negotiation, Collaborative Practice, Mediation to resolve all the issues arising from a separation We want to separate. Where do we go from here? It's very important to do negotiation, collaborative practice, and mediation before separation. 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. When couples...

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 be withholding financial support; Preventing you from socialising with your friends and associates; It could involve constant texting or emailing you with issues concerning your family. There are many forms...

How Do You Respond To A Legal Letter? 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 of surprise, anger, disbelief, and often leads to a stressful time ahead. How do you respond to a legal letter? How To...

Family Law Arbitrators: Charles Noble and James Noble are proud members of the National body for family law arbitrators and mediators know as AIFLAM. The Institute of Arbitrators and Mediators Australia promotes the attractions of mediation and arbitration as a means of dispute resolution amongst both practitioners and the wider community. Taken from the aiflam website: Aiflam History In 1988 the Family Law Council presented its report ‘Arbitration in Family Law’ to the Commonwealth Attorney-General. The report recommended the establishment of an arbitral...

ALTERNATE DISPUTE RESOLUTION 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, the meetings with clients can take place in the solicitor’s meeting rooms or at some neutral venue. Without prejudice, negotiations mean exactly that. No information provided in the meetings can be made...

Understanding Shared Parental Responsibility Shared parental responsibility is governed by the Family Law Act, which determines where children should live and how much time they should spend with each parent or other significant adults in their lives. This law, implemented in 2006, emphasises the need for both parents to consult and agree on major decisions affecting their children. Key Principles of the Legislation The legislation in Queensland outlines that: Parenting is a Shared Responsibility: The law generally requires parents to...

Understanding; Why should I get a top family lawyer? I wanted to write to you in the summary of the past 6 months, in the hope that it entertains and inspires other clients of yours. Please feel free to post this on your blog or social media channels. I am a 41-year-old male and proud father of one amazing little boy. I am now living with my new partner – happily ever after! Life has just started to settle down...

If you know what a town agent is then you have probably been faced with the conundrum of how to represent a client for a Court event or other legal matter in a location away from your locale. This may be interstate or a far enough distance to make it unviable to travel and keep costs down for your client. If you don’t, a town agent is someone who can represent your client in your stead in Court or elsewhere...

Disgruntled Husband or Wife in Relationship “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 parties after separation. The relevant factors taken into account are: Length of Relationship The longer the relationship the greater the interest of the other...

James Noble Family Law - A Brisbane Law firm Welcome to Brisbane law firm with more experience than just about any other. Accredited Specialist James Noble has been practicing in the Family Law field for about 40 years.  What he doesn’t know about family law in Brisbane and Australia is not worth knowing. The James Noble Family Law name is changing to reflect the new direction the firm is taking in expanding its law services. Combined with the introduction of...

What is a Town agent? If you know what a town agent is then you have probably been faced with the conundrum of how to represent a client for a Court event or other legal matter in a location away from your locale.  This may be interstate or a far enough distance to make it unviable to travel and keep costs down for your client. If you don’t, it is someone who can represent your client in your stead in...

Are binding financial agreements help to improve Relations between two Parties in Australia? The answer is yes! Well if they are done properly anyway.  It is a common misconception that Binding Financial Agreements  / Prenuptial Agreements are simple contracts between two people that must be followed when the agreement comes into effect. It is widely believed that all that is required for a written agreement to binding two parties to a relationship is that a lawyer witness the parties signature...

Is Private Arbitration law for you? Did you know that you can get an impartial, independent decision regarding the division of your relationship property (and even your child custody matters) from an experienced Brisbane family lawyer who can make, essentially, the same decision as a Judge so you can move on quickly? How is Private Arbitration law? Not many people know that there are some very experienced family lawyers in Brisbane (make sure you get an Accredited  Specialist Family Lawyer...