Category: Law

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...

Divorce property settlement examples Australia: Following the recent separation of billionaires Bill and Melinda Gates after 27 years of marriage, it has been reported that the couple chose to separate amicably and to privately negotiate their property settlement outside of the Court and public eye.  Upon the breakdown of a marriage or de facto relationship, parties can either negotiate and formalise a property settlement agreement privately (either by way of Consent Orders or a Binding Financial Agreement) or they can...

Parenting Plan About Future Care Arrangements for your Children Are you and your former partner discussing the future care arrangements for your child or children?  If so, perhaps consider entering into a Parenting Plan.  It is a private agreement between two parents which can detail the agreed arrangements in relation to a child/children. This includes provisions for the time, school holidays, special occasions, telephone communication, etc. A Parenting Plan when signed by both parties then comes into effect. And it...

Are you considering applying for a Divorce in Australia? If you and your Husband or Wife have been separated for more than 12 months, then you can apply for a divorce in Australia to end the marriage.  If for any period of the 12 months of separation you and your former partner were living together separated under the one roof, then you will need to file an affidavit explaining the circumstances to the Court and confirming that you and your...

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...

About The Lighthouse Project effect in Brisbane The Lighthouse Project came into effect in the Brisbane Registry of the Family and Federal Circuit Court of Australia in early 2021. It is a pilot program designed to assist the most vulnerable participants in parenting matters with concerns as to family violence, abuse or neglect, substance issues, and other safety issues. Why The Lighthouse Project? The main aim of The Lighthouse Project is to identify risk and provide parties with additional support...

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...

You have had counselling with your partner and possibly your own counselling to solve Parental Responsibilities. Matters cannot be resolved. You have received financial advice to know what your financial future holds. You have endeavoured in every way possible to negotiate with your partner but without success. The stumbling block seems to be who is to care for your children. However, you may have been successful in taking Parental Responsibilities. If you have been able to work out a parenting...

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...

What is a Collaborative Practice Agreement? In a Collaborative Practice agreement, the desires of the parties participating in the negotiations are ascertained prior to the first combined meeting with their lawyers and with each other at the time of the early stages of the joint negotiation meetings. It is quite common for parties to have the same wishes and goals, which are usually recorded on a whiteboard and which are visible throughout the negotiating process. James Noble Law is an...

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 -...

Working Remotely with The Best Law Firm Australia,  ain't no joke! To successfully start working remotely for the best law firm in Australia, it is imperative that you have excellent Workplace Communication in place. Communication is especially important in the workplace; this is what drives increased productivity, improves morale and efficiency. It helps foster an excellent working relationship between you, your boss, and your colleagues. Therefore, at James Noble Law we start the day with a Microsoft Teams meeting and...

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...