Category: Family Law

[caption id="attachment_11851" align="alignright" width="300"] Family Court jurisdiction support the child being vaccinated[/caption] Children Family Court Jurisdiction: In a recent decision in the Family Court found that it was very regrettably that the mother did not support the child being vaccinated.  The Court considered that her opposition to the child being vaccinated, as the child’s principal carer, would likely complicate the process and make it much more difficult for the child. The Court considered that in these circumstances it would be...

Covid-19 and Family Court of Australia With Melbourne currently in the midst of yet another lockdown as a result of the recent spread of Coronavirus, it’s important to know that the Courts remain up and running throughout this period.  Did you know that there is a special dedicated COVID-19 Court List within the Family Court of Australia and the Federal Circuit Court of Australia? The COVID-19 List operates to deal exclusively with urgent family law matters that have arisen as...

Child support can be managed between the parties in a number of ways. Some parents prefer to and are able to have very flexible and informal arrangements between them. Others prefer that their arrangements are managed via the Child Support Agencies – and other parents formalise their arrangements via a Private Agreement.  A private Agreement determines how the expenses which may not necessarily be covered or considered sufficient under a child support assessment, completed through the Child Support Agency, would be...

Are you separated under one roof? If you and your partner are contemplating a divorce, you have also most likely considered living separately during the process.  Although it is a requirement for you and your partner to be separated for a minimum of 12 months prior to filing an Application for Divorce, there is no requirement for the parties to reside separately after the difficult decision to separate has been made.  What is separated under one roof? It is extremely...

Parenting During Lock Down As the COVID-19 pandemic continues to disrupt daily life in Australia, the added stress and uncertainty on the potential impacts on parenting arrangements for separated parents is ongoing during these unprecedented times. The short answer is that if you have Court Orders they are still legally binding during the pandemic. However, parents may need to adopt a degree of flexibility in some circumstances. For example, if a changeover is to occur at school but the school...

A Consent Order is a quickest and most cost-effective way to formalise an amicable property settlement agreement. If you and your former partner are able to reach an agreement as to how the property of the relationship is to be divided and, if that agreement is just and equitable, Consent Orders may be entered into. Consent Orders involve the filing of 2 separate documents, namely an Application for Consent Order (containing background information, the value of assets and liabilities, information regarding...

There are two (2) very important Statutory Time Limits in property settlements that are critical for family law matters which clients should be aware of. These are summarised below: [caption id="attachment_11527" align="alignright" width="305"] Statutory Time Limits in Property Settlements Australia[/caption] After a Divorce Order has been granted, parties have twelve (12) months from the date of the Divorce Order to commence Court proceedings seeking Orders for property settlement and/or spousal maintenance.  Following the breakdown of a de facto relationship, parties have...

Overflow Causes The Family Court and Federal Circuit Court to Merge Many know that the family law courts are overflowing with matters and many of those matters relate to family violence and abuse, neglect, or harm coming to children. Some may not know that the majority of all family law matters that go to Court start off in the Federal Circuit Court. This Court (originally named The Federal Magistrates Court) was formed in 1999 to deal with less complex cases...

Notice of Child Abuse, Family Violence, or risk in Parenting Proceedings If you commence or respond to parenting proceedings, you will be required to file a Notice of Child Abuse, Family Violence, or risk, an Application or Response will not be accepted for filing without the notice. This document alerts the Court to possible risks to the child or children or even the parties themselves involved in the litigation. The most prevalent risks are often categorized as neglect, emotional abuse,...

Mental Health and Family Law Separation is one of the most significant life events a person can experience. Worry, anxiety, and stress over the uncertainty surrounding the arrangements for the children, money, and a property settlement division can be extremely difficult to cope with under challenging circumstances. [caption id="attachment_11521" align="alignright" width="336"] Mental Health and Family Law[/caption] It’s therefore important that you prioritize your mental health and wellbeing during this time. Talk to your friends or family members for support. Take...

What Are You Worth in Your Property Settlement? That is (sometimes) the million-dollar question. In determining what a client is worth in a property settlement, we (and the Court) utilise a 4 step process. The 1st step is to determine the value of the net asset pool that is available for division between the parties. This includes adding up the value of all the assets (whether in one party’s name or joint names), taking away all the liabilities and then...

Best 5 Suggestions for co-parenting Australia during COVID-19 Today we brought five suggestions for you on "co-parenting Australia". The Australian Government restrictions are frequently changing to ensure the safety of the people and this means there has been more people in self-isolation and the norm of daily living has changed. Parents are working from home and schooling their children at home also, to a large degree, has moved online which can be stressful for many families. For parents who are...

No-Fault Divorce in Australia For decades, if you wanted a divorce in Australia, you had to prove your spouse was to blame. No-fault divorce was not legal by local law. The grounds ranged from habitual drunkenness to adultery, and many cases involved the use of private investigators. Some couples who privately agreed to separate would even have to stage adulterous trysts for later evidential use in court. This all changed in 1975 with the introduction of "no-fault divorce" and the Family...

How to avoid court? Alternative dispute resolution. Maintain a working relationship with your former partner after separation, especially if there are children For the sake of your family, especially your children, after a separation, it is important, if at all possible to do so, to maintain a working relationship with your former partner alternative dispute resolution. If only for a short period of time to help negotiate a resolution of financial and children’s issues. Seek a resolution of such issues...

Australian family law act determines your entitlements to property James Noble is a familiar face and expert family lawyers in Brisbane have suggested some way to get your Property by the Australian Family Law Act. If you are searching for legitimate advice before divide family property. This article can be a cool source to help you make the thing happen legally and by the Australian Family Law Act. The four-step approach of the Family Law Act which was adopted by...

Marriage Separation Process in Australia (Marriage, Families and Separation Brochure, Certificate) Marriage Separation Process in Australia or 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. Family Separation can be devastating for everyone involved. How well you handle a separation will impact on how well you and your family cope now and in the future. Are the traumas and conflicts that...

They are property issues and superannuation. Superannuation Legislation for many years was not property under the Family Law legislation and the Court had no power to deal with it although the Court, to overcome this difficulty, made an adjustment to a party’s interests and in some cases extreme adjustments to compensate a party for the loss in the other party’s superannuation. The classic examples for high adjustments related to people in professions or employment where there were large superannuation interests...

Family law rules disclosure - You must need to know You must know the Family law rules disclosure In Family Law property or parenting proceedings, the parties have a responsibility to provide full and frank disclosure.  The duty of disclosure family law is a requirement for all parties involved in a family law dispute to provide to each other party all information relevant to an issue in the case.  Learn more from Family Law act. Family law rules disclosure -...

As with many professional services sectors, law professionals generally really only sell their time. And, as we all know very well, time is money. So if you are searching for legal advice the family lawyer cost can be higher depending on the expertise level of your attorney. In the interest of saving everyone time (and money), we've compiled a shortlist of items to consider if budget is a factor (and let's face it that it probably is!). Keep these in...

Preparing an Airtight Binding Financial Agreements Binding Financial Agreements (BFA), also referred to as “pre-nups” are created when two parties have made a fully informed decision to enter into a binding agreement. The creation of an Airtight Binding Financial Agreements requires the parties to disclose their financial position, provide reasonable time to consider the agreement and obtain independent legal representation to avoid any undue influence or pressure on the other party. This document effectively allocates assets and other financial resources...