The breakdown of a long-term relationship or marriage is an emotionally difficult time for most. Not only are the affected parties dealing with the loss of a previously significant other, they are also having to enter into the process of separating finances and negotiating how the children are to be cared for (if there are […]
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In family law property settlement proceedings, each party has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the case, in a timely manner. The Family Law Act at section 75(2)(m) also requires the court to take into consideration if either party […]
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It is often thought that when children become of a certain age, they can decide who they live with in the event that their parents separate. Our Family Law team are routinely asked, how long will the orders be effective? And, what if my son/daughter wants to live with the other party despite the orders? […]
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Have you separated and can’t make ends meet? It is not uncommon for one partner to earn a greater income than the other during their marriage or defacto relationship. After separation though what happens if your partner moves out and stops paying the mortgage or directs their pay to go into their own account […]
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It is a sad reality that sometimes families don’t always see eye to eye and people find themselves in situations where they no longer speak to some members of their family or in-laws. For some families, the falling-out can last for years and often this can mean that grandparents don’t get to see their grandchildren. […]
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The Family Law Act provides that if there are no Court Orders in place, both parents have parental responsibility for their children. This legal position remains unless it is overturned by a parenting order made by a Court. Parental responsibility carries with it a requirement for consultation and for parents to make a genuine […]
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Family lawyers are often asked if pre-nuptial agreements (a financial agreement) are binding. The short answer is, yes, they are, if drafted correctly. However, financial agreements can also be overturned if certain criteria are not met. What is a financial agreement before marriage? The Family Law Act allows couples who are considering getting married to […]
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The COVID-19 pandemic is having devastating impacts on our society and can make the process of going through a separation even more difficult. PARENTING AND CHILDREN All decisions about the long and short-term care of children must focus on the best interests of the children as the main priority. While the family Courts remain […]
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In parenting matters, when necessary, the Court will appoint an independent children’s lawyer to represent the best interests of the children involved. Often, each parent is of the belief that they know what’s best for their children and consequently, instruct their legal representative to argue that point of view. This may however involve a level […]
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The first step in any family law property settlement is to identify and value the assets belonging to each party. A business is an asset and its value either needs to be agreed between the parties or valued by a qualified expert. A business, like any asset, is to be valued at its […]
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