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How our family law lawyers can get the best outcome for you

It is often advised by family law lawyers that you attempt to reach an agreement with your former partner without the Courts involvement. This is for multiple reasons including:

  • You are able to make your own decisions without them being adjusted by the court
  • Reduction of financial and emotional costs and stress of legal proceedings
  • Your role as parents is less obstructed by court proceedings
  • You can finalise agreements quicker
  • It may benefit communication with your partner

In formalising as well as forming the agreement, it is often advised that you seek legal advice from family law lawyers in order to ensure that you have a comprehensive understanding of your responsibilities and entitlements under the law. This will ensure that your interests are well looked after.

Our specialist family law lawyers can assist and advise you in your property settlement. They can assist you in relation to forming as well as formalising your agreement. Our family law lawyers are able to look at the best outcome for you and give you advice as to your legal rights and entitlements in relation to your marriage settlement, property settlements or child custody rights. [...]  READ MORE →

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Property Settlement Agreement – Courts Considerations

The Family Law Act 1975 outlines general principles that the court will consider when determining property disputes and the consideration of a  property settlement agreement.

For the breakdown of a marriage this is highlighted in Sections 79(4) and 75(2); and for the breakdown of a de facto relationship this is evident in Sections 90SM(4) and 90SF(3). The principles outlined for both married and de facto relationship breakdown are identical and concern:

  • What assets and debts you have and their worth
  • Direct financial contributions to the relationship (e.g. wage and salary earning)
  • Indirect financial contributions to the relationship (e.g. gifts and inheritance from family)
  • Non-financial contributions to the relationship (e.g. caring for children and homemaking)
  • Future requirements (e.g. considering age, health, financial resources, care of children and ability to earn)

The assessment of assets and debts and hence the division of property is thus highly unique to your particular circumstance. For such reason you require a specialist family law team such as that at Matthews Folbigg, to give your matter the specific attention that it requires to best assist you in reaching your desired goals in your property settlement agreement. [...]  READ MORE →

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Child Custody Laws – Recovering your child from parental abduction

It is undeniable that every parent would go to the ends of the earth for their child; however some in desperate times take desperate measures which could potentially do more harm than good. Circumstances like this are apparent where parents are not properly advised as to child custody laws, as with the recent case in Lebanon involving Sally Faulkner and the 60 Minutes crew.

The story of Cameron the boy abducted by his mother linked below came frightfully close to being a child abduction case that took extreme measures, but for his father’s change of mind. Cameron’s father considered seeking assistance from a child retrieval agent to snatch his Cameron off the streets, however decided against it stating ‘the main reason [being] it might be dangerous for Cameron.’ [...]  READ MORE →

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Child Custody Laws – Parental Abduction

The Australian Federal Police (AFP) report on this devastating and unfortunately familiar occurrence; noting that ‘two to three children a week [are] brought into Australia or taken out of the country by a parent.’ Moreover, the AFP highlight the disastrous misconception that society often holds that if “if the child is with someone they trust, they are not in danger and should not be considered as missing.” Child abduction by a parent presents many serious concerns, for the child in particular who is subject to emotional trauma, confusion and potential health risks with parents avoiding doctors to prevent being traced. [...]  READ MORE →

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Divorces and Property Settlement Agreement

In the recent case of Fontana v Fontana (2016) it was determined that a husbands appeal against property settlement agreement orders were permitted as they failed to adequately consider his state of health as outlined under s 75(2).

In establishing the property orders, the trial judge ordered that the couple’s property be split with 43.6% to the husband and 56.4% to the wife creating a difference in assets received by the parties of $155, 400. The husband’s appeal to this outcome was founded on his health condition whereby he was subject to renal failure and required multiple dialysis treatments a week while he awaits a transplant. Consequently, the husbands appeal was successful as the trial judge failed to locate a finding in relation to life expectancy and thus the orders made by the trial judge were set aside. [...]  READ MORE →

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Applying for divorce? A divorce lawyer can help!

The process of how to divorce in Australia is relatively simple, largely in part to the introduction to no-fault based divorce under the Family Law Act 1975. However, there are a few things parties need to consider before applying to ensure that they do not spend unnecessary time and cost on their application. A divorce lawyer can assist  in guiding you through  the application process.

A fundamental consideration is whether one or both of the parties have jurisdiction to apply in Australia for divorce. Jurisdiction is found through one or both of the parties having: [...]  READ MORE →

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Divorce Lawyer Help: My partner gambled away our mortgage repayments

Under the Australian no-fault based divorce system, a  divorce lawyer  may tell you that a former spouse or partner that expends joint monies on gambling or extravagant personal spending is not sufficient reason for a property adjustment in the other partner’s favour. However, on a case-by-case approach, a divorce lawyer can ask that the Courts may consider adjusting your property settlements when there is substantial wastage by one party.

In Padfield v Padgett [2015], Baker J found two kinds of conduct were relevant when considering adjustment to property under the Family Law Act 1975: [...]  READ MORE →

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The dangers of the self-litigant accused of domestic violence in custody law

This month, the Law Society of NSW Journal discussed a hot topic issue with the aid of the Women’s Legal Services Australia (WLSA): what happens when your abuser has the right to cross-examine you when seeking their child custody rights?

Unlike other jurisdictions, the Family Law Act 1975 that governs family law holds no provision to protect victims or vulnerable persons from direct cross-examination by a perpetrator. Direct cross-examination is having the person alleged to be an abuser of domestic or family violence communicate questions and demand answers directly from you in the witness box. [...]  READ MORE →

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How to divide assets and debts in a property settlement agreement

It is often misperceived that there is a specific formula used when determining how to divide property. However, this is far from the case and is the primary reason for which it is advised that you seek legal advice prior to commencing proceedings. Legal assistance will enable you to grasp a comprehensive understanding of your rights and obligations under the law and put yourself in the best position to achieve your desired outcomes. It is impossible to determine exactly what the judicial officer will order, although it must be kept in mind that the decision is determined based on evidence presented and thus what is ‘just and equitable’ in relation to the individual facts of the matter (For a more detailed explanation of what is just and equitable see also article post – What does ‘Just and Equitable’ actually mean?). [...]  READ MORE →

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Child Custody Laws – Recovery of Children

Under section 67Q of the Family Law Act 1975 the Court has the means to authorise the recovery of a child who is taken or retained overseas. There are various ways in which a recovery can be commenced. The child custody laws  method is determined by the particular individual circumstance.

Circumstances may include:
  • One parent through agreement with the other parent takes the children on holidays, but then continues to reside in the new location without returning the children, or
  • One parent through agreement with the other parents take the children on holidays but extends the period of leave beyond what was agreed upon, or
  • When a parent does not gain the consent or knowledge of the other parent and removes the children
  • The circumstances can also include a grandparent, step parent, relative or carer that takes the children with or without consent.
What is a Recovery Order?

The court gives regard to section 67V, where the paramount consideration of a Recovery Order is the best interests of the relevant child or children. As such, the court will make an order that it finds proper in the circumstances that go to the best interests of the children. This may mean that the Court authorises a relevant authority, such as the Australian Federal Police, to locate and return a child to their primary caregiver, or individual that is in the child’s best interest. [...]  READ MORE →

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Property Settlement Agreement in De Facto or Close Personal Relationship Breakup

What is a De Facto Relationship?

If you’re living together with someone as part of a couple, the law will recognise your de facto relationship and your rights will often be exactly the same as if you were married.

What is a Close Personal Relationship?

If you’re living with someone and providing them with free care or domestic support (or if they do the same for you), the law recognises this as a ‘close personal relationship’ and also gives you certain rights.

If you are living with someone and you are unsure of your legal rights or what type of relationship you are categorised under, a member of our specialist family law team could assist you in clarifying what you are entitled to. [...]  READ MORE →

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Child Custody Laws – Parenting Arrangements

Following the breakup of a relationship where children are involved, the children’s short and long term arrangements need to be organised between the parties. This is often difficult given the high emotional nature of separation. If this does become complicated it is suggested that you seek legal advice on child custody laws and assistance to find a solution that caters to the whole family and most importantly the best interests of the child or children involved.

Parenting arrangements, traditionally referent to as ‘custody’ look at things such as: [...]  READ MORE →