No Comments

Divorce Lawyer Parramatta

When a marriage comes to an end, you may find yourself feeling overwhelmed and emotional. You may also feel uneasy about taking the step of seeing a Divorce Lawyer and obtaining legal advice.  At Matthews Folbigg Lawyers our team of Divorce Lawyers are highly skilled and experienced in all aspects of Family Law including but not limited to:

  • Negotiation of property settlements;
  • Negotiations of parenting arrangements and child custody;
  • Representation of clients in court proceedings conducted in the Federal Circuit and Family Court;
  • Divorce proceedings;
  • Financial agreements and Child Support Agreements.

You need to have peace of mind that the Divorce Lawyer you choose is one that you can rely on and trust to deal with your matter to the best of their ability. [...]  READ MORE →

No Comments

Benefits of Consulting with a Marriage Lawyer

When a marriage or de facto relationship breaks down, it can be a stressful time. Part of this process may involve the separation of assets, which may include the family home, business interests, investments, savings and superannuation.   If a mutual agreement cannot be reached, the Court can determine the settlement. Obtaining the right financial and legal advice from a marriage lawyer at the early stages of this process can help a party to navigate their way through the Family Law system and make decisions about their assets and superannuation that provides a better outcome. [...]  READ MORE →

No Comments

What a Separation Lawyer Can Do For You

Separation Lawyer

A separation lawyer is a family lawyer who can provide you with legal advice at an early stage of your separation. As separations can be one of the most stressful and daunting times of your life, a lawyer is an invaluable tool in guiding you through the entire process. Getting the right advice about your circumstances from an experienced separation lawyer can assist you to make decisions about:

  1. Your separation;
  2. Your children;
  3. Your living arrangements;
  4. Your finances;
  5. Your legal options;
  6. Related consequences and possible outcomes.

A skilled separation lawyer will also be able to discuss and help you navigate through all interrelated aspects of your separation. [...]  READ MORE →

No Comments

Why you need to speak to a family law lawyer when thinking about a Prenuptial Agreement

At Matthews Folbigg Lawyers we work closely with our clients to ensure they are well aware of their entitlements when undertaking a property settlement. Matthews Folbigg family law specialists regularly provide professional advice to clients about how to protect their assets in the event their marriage or relationship breaks down, by entering into a prenuptial agreement.

Our lawyers have extensive experience in drafting prenuptial agreements.

Why you need to seek advice from a family law lawyer about obtaining a prenuptial agreement?

Prenuptial agreements are very complicated and require strict compliance with the legislation for the prenuptial agreement to be valid. A prenuptial agreement is binding on the parties to the Agreement if, and only if: [...]  READ MORE →

No Comments

Domestic Violence and Family Law Lawyers

There is a great deal of focus both by the media and by Courts on domestic violence issues for families and the law.

The Federal Government announced significant funding in the first half of 2017 to provide support, assistance and guidance to both victims of domestic violence and partners where an issue of domestic violence has been raised in the proceedings.

The purpose of the funding is to ensure that all parties have access to both support and education where appropriate in order to reduce the impact on families of domestic violence. [...]  READ MORE →

No Comments

Why you should speak to family law lawyers about travelling overseas with children after separation

Before you put down the non-refundable deposit on your dream overseas holiday, it is best to check with family law lawyers whether you may need your former partner’s consent to take your children. While it is common for Orders to include mention about who holds the passports, how they are to be renewed and what is permissible overseas travels, they are not compulsory. This may mean you will need to seek the consent of your former partner to take your child overseas. You may also need to seek their consent in applying for or renewing your child’s passport. [...]  READ MORE →

No Comments

Why you should check with a separation lawyer about enforcing a property order against you ex’s superannuation

You may settle your property arrangement with your former partner by agreement, with assistance of a separation lawyer or by judgment of the Court. This may include for property to be transferred to one of you, or for a cash payment made in exchange for an interest in property.

But what happens if you have these orders, but for one reason or another, your former partner has not completed their end of the bargain? What if your former partner is to pay you a certain sum of money by a certain time, but the time comes and goes, with no payment from them? What if, after seeking legal advice from a separation lawyer and looking to enforce the orders, you find they have no means of payment? If they have no substantial assets, can you make an application to the Court and seek the monies they have agreed to give you are taken from their superannuation? [...]  READ MORE →

No Comments

Why should you speak to a separation lawyer about who keeps the engagement ring?

In New South Wales the leading case concerning who keeps the engagement ring is Papathanasopoulos v Vacopoulos [2007]. Mr V and Ms P were engaged to be married in 2005, but 10 days after their engagement party Ms P called it off. Shortly after calling off the engagement Ms P attempted to return the ring to Mr V, only to retain it in a box with other mementos from the failed relationship. There the ring was destined to stay, until an interaction on the phone between the parties further soured their interactions; to the extent that Ms P instructed her father to throw the box of mementos, including the ring, in the garbage. Mr V, upon learning of the ring’s fate, brought a claim against Ms P in the Supreme Court for the value of the ring, being $15,250. [...]  READ MORE →

No Comments

The Sydney Property Market – How Family Law Lawyers deal with this?

In Blackwell & Scott (2017), the Full Court considered whether the Trial Judge had made an error by setting aside consent orders that were entered into by the parties.

These property consent orders were made; which were to an equal division. In order to give effect to this equal division of property, the parties negotiated and entered into consent orders that provided for (in summary):

    1. a property held in the husband’s sole name be sold and the parties were to share equally in any proceeds of sale exceeding $440,000;
    2. pending the sale, the husband will be responsible for the mortgage payments, outgoings and other expenses;
    3. that the husband retain a second property also held in his sole name and on the payment by him to the wife of $130,000 within 90 days of the orders, the wife shall relinquish any right, title and interest in this property; and

    The husband breached the consent orders and did not make the $130,000 payment that he was required to make to the wife within 90 days. [...]  READ MORE →

No Comments

Prenuptial Agreement upheld on Appeal – De Facto Relationship with one woman while married to another

In the recent decision of Sha & Cham [2017], the Full Court of the Family Court of Australia considered an appeal by the Appellant Husband (who we will call Mr B) and the Respondent De Facto Wife (who we will call Ms C).

Background

The appeal arose from the first instance decision of His Honour Judge Johnston in proceedings before the Family Court of Australia. In those proceedings Ms C bought an application seeking injunctive orders and enforcement of a s90UC Binding Financial Agreement, more commonly referred to as a prenuptial agreement which She and Mr B had entered during the course of their relationship. [...]  READ MORE →

No Comments

Superannuation and Family Law Lawyers

For most working Australians, superannuation is the largest asset they will have outside of owning their home.  The amount of superannuation that an individual has will largely depend on their employment history and earnings.

How does this relate to divorce and separation?

A recent research report by David Hetherington and Warwick Smith from ‘Per Capita’ has noted how women’s superannuation generally accrues at a lower rate than men’s. See Figure 1 below which highlights data from the Australian Bureau of Statistics.

graph

The report notes that superannuation benefits accrue in direct proportion to income received. It is often the case that women spend less time in the workforce and so do not have the same opportunity as men to contribute towards their superannuation. Reduced time within the workforce is attributable to various factors including taking time off work to care for young children, carer responsibilities such as taking children to and from school and caring for children when they are sick.  Other relevant factors include the cost and availability of childcare. All of these contributing factors often lead to an increased likelihood of being engaged in part-time or casual employment.  Clearly these factors would also apply to fathers who carry out a primary care role. [...]  READ MORE →

No Comments

Who keeps the family dog? How a separation lawyer can help determine pet ownership

Following a divorce or separation, couples often see a separation lawyer to assist them in reaching an agreement as to the distribution of assets such as houses, vehicles and other valuable items.

But who keeps the family dog?

For many a dog isn’t just a pet, he is man’s best friend, your security guard, a cuddle buddy and the one you tell all your problems to. His value is priceless.

So how does the Court determine who gets to keep this little furry member of the family if parties can’t agree?

Unlike with parenting matters, the Court does not have the power to make an order determining where a pet is to reside. Nor does the Court have the power to order if and when the other party will be permitted to spend time with the pet or required to financially support the pet. The Court can however make a determination as to who the pet will be the property of. [...]  READ MORE →