What's the Solicitor's role in Family law proceedings? The role of solicitors in Family Law proceedings may not be known to the parties before commencing the legal representation. In the case of Simic& Norton [2017] FamCA 1007, Justice Benjamin was critical of both parties’ solicitors, describing their actions as fuelling a negative culture of “bitter adversarial and highly aggressive litigation”. His Honour referenced correspondence that had been sent between the solicitors which did not reflect the appropriate professionalism expected of...
Divorce and pets: Who Gets Animals in Divorce Proceedings? As animals have become an integral part of modern relationships, it is important to understand what happens to your pets during the separation and divorce proceedings. Given that one or both parties may have special connections to their pets, the decision of who gets the primary care of the animal can sometimes be tense and lead to hostile situations. Some of the situations regarding Animals During Divorce Proceedings that commonly arise...
How Do Mental Health Conditions Affect Family Law Proceedings? If you have been diagnosed with a mental health condition, this can impact both child welfare/parenting arrangements addition to property disputes. However, a mental health condition does affect or have relevance to divorce proceedings (family law proceedings) (provided there are no children in the relationship). Mental Health in Parenting Disputes The first and foremost principle applied by the Court in any parenting proceeding is placing the welfare of the child as...
Important information and contact details about the Family Law Courts Brisbane The Family Law Courts Brisbane’ National Enquiry Centre (NEC) is the entry point for all telephone and email inquiries about Family Law Court matters in the Family Court of Australia and the Federal Circuit Court of Australia. [caption id="attachment_9140" align="aligncenter" width="529"] Harry Gibbs Commonwealth Law Courts Building[/caption] The NEC can assist with: Information about how to apply to the court Making urgent applications to the family law court Procedural...
Are you Adopting a child in Queensland? The term ‘Adopting a child in Queensland’ refers to the process of transferal of legal rights and responsibilities of parenthood from one set of parents to another. This includes both the process of adopting a child into a family and, those parents who wish to place their existing child into adoption for various reasons. In Queensland, adoptions must be organized through Adoption Services Queensland, as it is currently unlawful for persons to privately...
James Noble Law - The James Noble Family Law near Brisbane James Noble Law will look for alternate resolutions to resolve family disputes to ease the emotional issues and to minimise financial costs. We will examine alternative dispute resolutions that may provide a more suitable resolution including negotiation, collaboration and mediation. All of our solicitors are admitted to practice in the Family Court of Australia, Federal Circuit Court of Australia and Supreme Court of Queensland. Our professional staff regularly conduct...
For a will to be valid and binding in Australia, the testator (the person making the Will) must have testamentary capacity at the time the Will was created. Testamentary capacity occurs when the testator is of sound mind and must understand: The nature and effect of the Will; What encompasses the estate; The claims others might have upon their estate. To provide a practical example any individual with advanced dementia, amnesia or severe mental disability will unlikely have the requisite...
Best Time For Divorce The promotion of the best time for divorce is intended to bring attention to the importance of minimizing conflict between couples following the unfortunate breakdown of the relationship. Common in these situations, both parties will be subject to a wide range of difficult emotions; inevitably though, both parties will suffer. During these times of significant transition, children often find it difficult to cope with the vast number of events happening. Children may typically display and...
A Simple Way To Find the Best Family Lawyer Brisbane That Works For You. You can find the best family lawyer Brisbane at any time nowadays. Depending on how long a couple has been together, separating can be a lengthy, sometimes confusing, and often painful process. Then there are all the legalities involved in the situation. Find the best Family Lawyer Brisbane that gives the right advice. This is one of the times in life where you need to find...
Are you thinking about doing getting a DIY Will Kit? DIY will Kit: The letters “DIY” seem to apply to just about everything these days, and one area of 'do it yourself that is growing in popularity is the DIY will kit. It’s advisable that we all have some type of will (no matter what), and with the internet making everything so accessible in the modern world, DIY will kit seems to be all the rage. Is a DIY Will...
Are you Getting Divorced? While we all want and need emotional support from those we are closest to when going through a marriage crisis and potential divorce, it’s not always wise to seek critical advice about what to do or how to handle the situation of getting divorced from the people we know. This is a very crucial time of life when emotions are running hot. If you tell your loved ones that your partner has up and left you,...
What Is Family Law Mediation All About? Family law mediation is becoming an increasingly more recognisable term when it comes to matters of family law Brisbane. But what exactly does mediation entail and do you even require it? How is mediation really going to help? Let's discuss this in more detail. Mediation is all about problem-solving and finding agreeable solutions when it comes to all matters pertaining to separation, divorce and child custody arrangements. [caption id="attachment_10599" align="aligncenter" width="642"] What Is...
Brisbane Family Lawyers - James Noble Law at Business South Bank interview Charles Noble (Brisbane Family Lawyers) at James Noble Law in Brisbane was interviewed at the Business Southbank Showcase 2018. One of the key differences between James Noble Law and many of our colleagues at other law firms is our attention toward technology. We offer our clients an easy way to keep up to date on their matters and communicate with our lawyers whenever the need arises. From...
Some Common Family law Misconceptions Family law covers a whole spectrum of situations and legalities, and everyone’s circumstance is a little different. While there are definite laws in place, there are variations on these laws depending on the particular situation they are being applied to. Because the area of family law is so vast, many people harbor some common misconceptions about how family law works, and in many cases believe certain outcomes are rigid when they’re not. Let’s take a...
How to find the best Family Lawyer for you With so many law firms to choose from it can be a difficult process to choose just the right lawyer for your needs. In this post, we’ll note a few things to be mindful of when deciding on the best family law firm for you. Do They Specialise In Family Law? Some law firms are highly specialized, while others seem to try to cover virtually every possible aspect of the law....
Coping During Separation and Divorce There are not many moments we’ll encounter in life than can be more stressful and depressing than going through the breakdown of a romantic relationship. Throw the process of a divorce into the mix and things can become even more confusing and exasperating. Here are a few top tips to focus on when enduring this stressful period, helping you to cope better throughout the process. If You Have Children, Put Them First Separation and divorce...
Preparing For A Conciliation Conference? For a conciliation conference, you must exchange information with each other and provide information to the Court before the conference. So that you and your former partner make the best possible use of the conference, In a case about financial issues, each party must have exchanged copies of relevant financial documents with the other parties at least two days before the Case Assessment Conference. If the following documents were not exchanged prior to that conference,...
The YES Vote Wins! So where to from here, and what does it mean for same sex rights? It was an awesome sight to see how Australia stood still to hear the news that, we the people, voted in the majority to legally allow same sex couples to marry. The emotion and expression from so many who have been waiting for this day for so long were touching (even for us seasoned Family Lawyers). This is a truly progressive and...
“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 party in the assets acquired during...
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...