Sentimental Value in Property Settlement In determining how the property pool is split, the Court has previously highlighted the difficult and sometimes unique circumstances where one party may have sentimental value in an asset. In one particular case, the Husband of the proceedings was given 14 days to retrieve the ashes of his deceased parents which had been laid in a memorial on the family farm. During the divorce proceedings, the farm had been awarded to the wife. Sentimental Value...
Parties Wastage Following Separation Usually during cases of separation or divorce proceedings which reach the Court, one party has made the other party’s life very difficult, often causing heated disputes and emotions. Although a party may have been difficult, lied, cheated or has caused the other significant pain, the other party is not typically entitled to any additional money during property settlement. In determining Family Law property settlements, a party’s immoral actions or conduct such as infidelity, minor violence (not...
What does Parental Conflict Impact on Children? Parenting disputes involving high levels of conflict and animosity between the parties often lead to children of the relationship developing emotional, social, and behavioural problem in addition to negatively impacting concentration and educational achievement. These conflicts also affect how children view the safety and security of their homes, as they often blame themselves for the Parental Conflict. Parenting arrangements involving high levels of conflict and anger post-separation are twice as likely to foster...
Parental Alienation As modern family structures have become increasingly complex in today’s society, so too has the threat of parental alienation. Parental alienation occurs when one parent influences the child against the other parent. This usually happens when both parties are seeing the children on a regular basis but are separated and no longer living together. Unfortunately, in most cases, this kind of emotional manipulation is unknown to both the child and the parent before it becomes a serious issue....
Merging of the federal circuit court of Australia On 30 May 2018, the Government proposed to restructure the existing structure of the Federal Circuit Court of Australia. This will have the effect of merging the Federal Circuit and Family Court of Australia (FCFCA) as of 1 January 2019. Resulting from this merge, a new Family Law Appeal Division will be created to specifically hear appeals from family matters of the new court structure. The new structure intends to create a...
Who Keeps the Engagement Ring Law after Separation? [caption id="attachment_11754" align="alignright" width="350"] Engagement Ring Law[/caption] Who keeps the engagement ring after divorce/separation according to engagement ring law? One of the big questions couples have after a relationship breaks down is what happens to the engagement ring. The issue of which party has a claim to this item can be contentious, with many different opinions based on tradition, morals, and conventions. Where parties are disputing the ownership of the ring, this...
Healthy and meaningful relationship Last year a Court dispute between Brad Pitt and Angelina Jolie resulted in the Superior Court of Los Angeles County imposing an order for the five children to spend more time with their father. When providing reasons for the judgment, the Court provided “it is critical that each child have a healthy and meaningful relationship with both parents”. The new order changes the original full-time custody arrangements in favor of Jolie to allow Pitt anywhere between...
Family Report and Expert Evidence in Proceedings Expert evidence including a family report provides the Court with material from an independent viewpoint, which both assesses and highlights particular issues with each unique case. The most common form of expert evidence in family law proceedings is family reports, which are undertaken by psychologists to determine the children’s views, the party’s capacity regarding parental issues, and any emotional or psychological effects of previous family violence or abuse. The Family Report The family...
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...
Bringing Family Law Matters Urgently As most couples who suffer a breakdown of the relationship or marriage want to sort out the matter as soon as possible, it is common for parties to try and bring proceedings as soon as possible, especially in situations involving children. However, before parties engage with the Court process, it is necessary for parties to attend mediation. Requirement of Mediation Before the Family Court will hear a matter, the parties must attend mediation and obtain...
Best Time For Divorce The promotion of the best time for divorce is intended to bring attention to the importance of minimising 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 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,...
Do it for the kids. Separation and divorce are tough on everybody involved, and it can be even harder on children. While adults are often struggling to understand what went wrong, the kids often have no idea why their beloved parents are separating and no longer want to live together. Here we’ll look at a few tips to try and help your children through the process. Try and Maintain a Civil Relationship Some relationships end on mutual terms, and some...
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 look at...
When a relationship ends there is a lot of focus on the pain and strain of separation and divorce, as well as negotiating parenting plans, child visitation rights, and the division of property, assets, and liabilities. Of course, all of these things are extremely important, but what about the pets law? Who gets to keep the family’s beloved cat or dog? Many people these days think of their pets as furry little children. They are just as important as any...
The term lifestyle clause has grown in popularity over recent years. It’s something that is trending with first-time newlyweds; as well as those who have walked down the aisle before. So what is a lifestyle clause? It’s about locking in a variety of terms and conditions before the big day in an attempt to avoid misunderstandings and conflict of interest down the track. These clauses are often added as addendums in a prenuptial agreement and are in addition to things...
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....
How to protect yourself after separation? Separating after a long-term romantic relationship can be tough to deal with on an emotional level, but dealing with the pain is only a part of what has to be done. Now is the time to also tidy up some loose ends and protect yourself now that the relationship or marriage is over. To protect yourself after separation, there are a number of things you should be doing, including the following: 1. Change Your...
