25 Oct

Parenting of Your Children

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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21 Oct

Avoid litigation and learn the skills of mediation

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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19 Oct

What do the Federal Government amendments to the Family Law Act mean for Superannuation?

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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13 Oct

Oh no. He’s having an affair!

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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11 Oct

Disgruntled Husband

“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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08 Oct

Separating Parent Dealing With Their Young Child

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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26 Sep

Considering Separation? Read this first.

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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20 Sep

What is Spousal Maintenance?

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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18 Sep

What is Child Maintenance?

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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15 Sep

Negotiation: To Agree, Or Not To Agree? That is the Question

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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