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Property Settlement Agreement – A Four Step Process

A property settlement is a process which involves the division of assets between parties.

If you have separated with your partner you may be left wondering what your rights to the assets might be. You might be questioning what is involved and how our lawyers can assist you to reach a property settlement agreement.

Here at Matthews Folbigg Lawyers, the usual process to get your Property Settlement started is to meet with one of our lawyers who will work through 4 important steps with you.

Step 1: Work out the “Net Assets”

Working out the “net assets” involves listing the parties’ assets, liabilities, superannuation and financial resources to reach a net equity which we call “the asset pool”. [...]  READ MORE →

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How has Covid-19 affected Family Law Mediation?

Family Law Mediation is used by parties as a way of trying to resolve or reduce the number of issues in a family law dispute with the assistance of a mediator. The benefits of family law mediation are far reaching particularly when parties are able to avoid the considerable costs, time and stress associated with Court proceedings.

The onset of the pandemic saw parties, legal practitioners and even the Court having to quickly adapt to online and electronic means in addressing disputes. Family law mediations have been no different and in fact have proven to be a useful pathway to resolving matters over the online platform. [...]  READ MORE →

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Family Inheritance: Can your Separation Lawyer Help?

A common question asked of a separation lawyer is whether inheritance is included in a family property settlement. The Full Court of the Family Court in Bonnici & Bonnici held that property does not fall into a “protected category” merely because it is an inheritance.

How the Court determines whether an inheritance can form part of a family property settlement depends on when the assets were inherited and the impact of the inheritance on the available property pool.

Impact on Asset Pool

In the case of Bonnici & Bonnici, the Full Court of the Family Court held that if there are ample funds already in the property pool for a settlement, the inheritance would normally be treated as the entitlement of the receiving party. However, if the inheritance is the only asset of the relationship and one party performs a more substantial homemaker role to their financial detriment, it is open to the court to include inheritance in the property settlement. [...]  READ MORE →

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What Happens if I Breach My Parenting Orders?

Once the Family Court has made parenting Orders either at hearing or by consent, each party must comply with those orders. If one party has departed from those Orders there may be serious consequences for such breach. You should seek legal advice from a divorce lawyer if you or your ex-partner believe there has been a breach of the orders.

If you are unable to resolve the breach, one option forward is a Contravention Application. Your divorce lawyer may file a contravention application in the Family or Federal Circuit Court when one party alleges the other has breached their parenting orders. Contravention proceedings are generally confined to very clear cases. Your divorce lawyer will need to set out that the other party: [...]  READ MORE →

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What is the Role of the Mediator in Family Law Mediation?

Parties often attend family law mediation as an opportunity to try and resolve their family law dispute whether it be custody matters, property distribution or child support matters. However often parties can be confused as to the role of the Mediator in family law mediation and their part in assisting the parties in reaching a resolution.

The greatest misconception by parties is that the Mediator will provide the parties with legal advice. They will not. The Mediator must remain neutral and therefore will not advise either party as to the legal merits of their case. The Mediator’s prime role is to facilitate the family law mediation process in a way that enables both parties to effectively identify the issues in dispute and assist with generating options that might resolve these issues. [...]  READ MORE →

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Interim Hearings – What are They and Will I Need a Family Law Lawyers Assistance?

An interim hearing can be described as Court event that gives the parties a temporary or short-term outcome until all the evidence can be considered, tested and evaluated at final hearing with the help of your family law lawyers. The Court typically takes a conservative approach at the interim hearing, generally taking a path that is least likely to cause harm to the child. Any order made on an interim basis with the assistance of your family law lawyers may be changed once the matter has been heard on a final basis. [...]  READ MORE →

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DISPUTE RESOLUTION – Our Family Law Lawyer looks at the new digital service “amica”

Dispute resolution is often used by couples who are separating or divorcing.  A benefit of dispute resolution is that an agreement can be reached, without the added cost and complexity of litigation or other formal legal processes.  Dispute resolution processes also allow the parties to have greater control and management of the process and outcome.

A family law lawyer can provide advice in relation to the best resolution option for a dispute.  A family law lawyer can help to understand a person’s rights and responsibilities and the law that may apply to that case.  This includes helping a couple going through separation to reach an agreement without the need to go to Court. [...]  READ MORE →

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The Move to an Online Family Court: How Covid-19 has Influenced the Way Divorce Lawyers Represent their Clients

The prevalence of Covid-19, the coronavirus, has catapulted the Family Courts into rapid digital transformation. At first, the Courts began to switch from face-to-face court events to telephone conferences on a dial in basis. By the beginning of April, the Courts began to conduct Hearings by Microsoft Teams, a program that allows video conferencing so that parties, their divorce lawyers and judicial officers may all see each other in a “virtual courtroom”.

Alongside the transition to online Court hearings was the introduction of the Digital Court File. Previously, parties and their divorce lawyers had the option to file court documents in hard copy, particularly if the matter was urgent. This system proved challenging during the pandemic particularly for Judges and Registrars operating from remote locations. To allow matters to be heard in any location during the pandemic, every new Court file is now completely electronic and able to be downloaded using the Court portal. [...]  READ MORE →

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What Does the Closing of the NSW-Victoria Border mean for my Family Law Matter?

The NSW Law Society published a COVID-19 update on 9 July 2020 providing some guidance to families and family law lawyers about the re-closing of the border between NSW and Victoria. The update is as follows:
With NSW-Victoria border closures in place, it’s expected that parties should cooperate and ensure the best interests of the child are addressed by complying with court orders. If strict adherence to parenting orders is not possible, it is imperative that any revised arrangements reflect the spirit of the orders. The Courts have previously issued information in relation to parenting issues that may be of assistance including: [...]  READ MORE →

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Can your Affair End in a Property Settlement? Family Law Lawyers Delve Into This

If you’re having an affair, something that you may want to consider is whether the person you are having an affair with can claim your property after the relationship breaks down.

Firstly, your family law lawyers will need to consider whether your affair amounts to a de facto relationship. Considerations include the duration of the relationship, whether you have lived together, whether you attend events together socially, and whether you depend on each other financially.

The case of Jonah v White (2011) considered whether someone you are having an affair with can amount to a de facto relationship. In this case, the Husband (H) had a 17 year long affair with a woman (Ms J). During the affair, H continued to live with his wife and three children. Family law lawyers for Ms J argued that the relationship she had with H amounted to a de facto relationship under the Family Law Act. [...]  READ MORE →

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Divorce Lawyer Explains section 114 Orders – Restraining Travel to Enforce Property Settlements

A divorce lawyer explains how the Family Court can impose restrictions on travel to ensure compliance with Family Court Orders.

In accordance with section 114 of the Family Law Act, the Family Court has the power to restrain a person from leaving Australia pending compliance with Family Court Orders, including final orders.

The Court will consider the following:

  1. A person’s freedom of movement, and
  2. The likelihood that the Order will not be complied with if the paying party’s freedom to leave the country is not restrained.

Ultimately, the Judge is faced with a balancing exercise and will consider whether the person’s compliance with the Orders outweighs their personal freedom of movement. [...]  READ MORE →

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FAQs – How Our Divorce Lawyers are Responding to Covid

Chloe Elkerton, one of our divorce lawyers answers some frequently asked questions on how our family law team and the Family Court is responding to Covid.

Are you still seeing clients?

Yes, we are still seeing clients! Although our team is working from home at the moment, we have quickly adapted to the changes and have implemented the technologies to be able to provide you with advice via telephone or video conferencing. Face-to-face consultations with your divorce lawyer can also be arranged where necessary in our conferencing rooms which are spacious enough to allow for social distancing. [...]  READ MORE →