No Comments

Sole use and exclusive occupation from the perspective of a separation lawyer

A separation lawyer is often faced with the dilemma of who is able to remain in the matrimonial home following their client’s separation. How and where a client can secure suitable accommodation in circumstances where the other party refuses to leave the former matrimonial home is an issue not uncommon to a separation lawyer.

The situation is made even more challenging when finances are not available to a party to obtain alternative accommodation for himself or herself and/or the children. Obtaining exclusive occupation of the former matrimonial home and effectively evicting your former spouse is a difficult task to achieve. [...]  READ MORE →

No Comments

FAMILY LAW LAWYER REVIEWS OVERSEAS TRAVEL ISSUES

How to stop your ex taking the children overseas

In the “post COVID-19 world”, international borders have opened back up and people are enjoying the ability to travel internationally again. For separated parents, this could cause concern. What if you do not want your ex partner to take your children overseas? What if they try to go without your permission? Our Family Law Lawyers are here to assist you if this is a concern to you.

Australian Federal Police Watch List

If you do not want your children to travel overseas without your permission, you could consider placing them on the Australian Federal Police Watch List. This is a system which has been designed to notify the police immediately when a child who’s name is on the list is attempting to exit Australia through an international airport or seaport. To place a child on the Watch List, you or your Family Law Lawyer need to do the following:- [...]  READ MORE →

No Comments

THE HYBRID COURT: SEPARATION LAWYER REVIEWS HOW FAMILY LAW CASES ARE MANAGED IN A POST-LOCKDOWN WORLD

In 2020, the Family Law Courts and Separation Lawyers were forced to completely shift their mode of operation from face-to-face hearings and paper files, to online hearings and electronic court files, all thanks to the COVID-19 pandemic.

2 years later, in 2022, the Court’s methods have begun to shift into a more hybrid approach to the management of Family Law cases. Many court listings are still being conducted by way of Microsoft Teams, particularly when dealing with more administrative issues. Other court listings are now in-person before the court. The court file remains electronic, requiring parties to upload their court documents by way of the Court’s electronic file management system. [...]  READ MORE →

No Comments

Can a separation lawyer consider my contributions to stepchildren during a property settlement?

A separation lawyer has the expertise to assist you in property proceedings. In a property proceeding, the Court will concern itself with the task of determining the parties’ contributions to the relationship. Whilst each matter is assessed on a case by case basis, the Court will consider both financial and non-financial contributions.

In determining contributions, your separation lawyer may consider your role as a ‘step parent’. The prevalence of blended families in today’s society is not uncommon. So the question then arises as to how the division of assets is affected when one spouse makes contributions to non-biological children. The case of Robb v Robb affords the Court guidance in these cases (i.e., if contributions made by one party to a non-biological child can be considered). [...]  READ MORE →

No Comments

Advice from a separation lawyer in a child custody dispute

Seeking advice from a separation lawyer during a divorce can be necessary especially if there are children from the marriage who are under 18 years old. Generally, a parenting order allows for a child’s parents to have equal shared parental responsibility. Once this order has been made (and the presumption not rebutted) then the court must consider if the child spending time (equal, substantial or significant) with each of the parents is reasonably practicable.

In the recent decision of Miley [2021] FedCFamC1A 62, the Court heard a mother’s appeal against a decision which ordered the return of a child from Victoria to Western Australia. With assistance from a separation lawyer, the parents of the child separated in 2017. Prior to then, the parents were all residing in Western Australia. [...]  READ MORE →

No Comments

Divorce Advice when Children are Involved

By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group.

It is important to recognise that divorce and parenting arrangements are two separate matters. There is a requirement that individuals wait a year in order to divorce however this time restriction is not in place in relation to making parenting arrangements. Couples can be separated and never divorce, however they are permitted to engage in parenting proceedings with a divorce lawyer immediately after separation.

In the event of a divorce or relationship breakdown it is highly recommended that individuals seek advice, particularly when children are involved. Legal advice from a divorce lawyer can assist you and your partner in negotiating and reaching short-term arrangements prior to implementing formal Court orders that may become necessary if an agreement cannot be reached. [...]  READ MORE →

No Comments

The Role of Child Support Lawyers

Child support is an issue likely to transpire for parties separating with children. It is the way in which separated parents address their financial responsibility to their children.

The Australian Bureau of Statistics defines child support as:

“Cash or in-kind payments towards the financial well-being of children. These payments are usually made by the non-resident parent to the parent who has primary care of the children.”

What is the Child Support Agency?

The agency is a Government Human Services department that has the primary role of registering, assessing and collecting payments. [...]  READ MORE →

No Comments

Divorce Lawyer advice on the Impact of Divorce on Retirement

Often during a highly stressful divorce or property settlement, for instance where domestic violence may be involved or the parties are simply eager to settle quickly and move on with their lives; individuals are readily settling without consideration of future financial stability.

In particular, an article by Patricia Babalis highlighted a report by the Swinburne Institute for Social Research which discovered that at divorce, asset settlement ‘is often mishandled due to emotional tension and ignorance of what can be included in a settlement’. [...]  READ MORE →

No Comments

Prenuptial Agreement

Going into a marriage or de facto relationship, couples do not plan to fail, however often couples fail to plan, overlooking benefits that a prenuptial agreement may have.

A binding financial agreement is a way that couples can plan out the potential future rights or obligations of either party in the event that the relationship doesn’t work out. Such an agreement can be made before or after entering the marriage or de facto relationship.

What can the agreement include?

Prenuptial agreements can cover a range of assets, financial resources and liabilities that are often precluded from individuals minds. Such areas other than income that may be addressed by a prenuptial agreement may include: [...]  READ MORE →