Many people assume that as their children are telling them, sometimes vehemently, what they want in terms of who they wish to live with that the children will be able to lead evidence from the children in court proceedings. This is hardly ever the case. Section 100B of the Family Law Act 1975 (Cth) provides […]
We’ve reached an agreement for the property settlement – why is it necessary to exchange financial disclosure? 1. An Application for Consent Orders is within the jurisdiction of the Family Law Act 1975 and so the rules of “full and frank financial disclosure” apply; 2. Providing financial documents evidencing your financial affairs will enable your […]
Has your financial matter been adjourned for a conciliation conference and you’re not sure what to do next? A conciliation conference is a type of dispute resolution and is facilitated by the Court Registrar. The parties and their solicitors attend court for the conference and attempt to negotiate a settlement having regard to the evidence […]
Are you or the other parent living overseas, and are you having difficulty organising child support? 1. Is the overseas parent in a reciprocating jurisdiction? Only some countries have agreed to co-operate with international child support obligations. 2. If yes, and the paying parent lives in Australia: a. the overseas parent will need to work […]
People often overlook one very important matter in the excitement of a wedding: any pre-existing will (unless it is stated to have been made in contemplation of the marriage) will become invalid. This in turn means that it is likely your new spouse will inherit your estate regardless of what your prior will provided. This […]
The Marriage Act 1961 no longer prevents same-sex couples from entering into a legal marriage in Australia. What does this mean for disputes about parenting arrangements for their children? One of the first steps in any parenting matter before the court, is to determine who is a legal parent of the child. If the couple […]
Many people feel trapped in a relationship as they don‘t have the funds to leave and set themselves up elsewhere. Often this occurs as one party has been the financial controller during the relationship and the other party finds themselves cut off from independent funds. So what can be done for a person in this […]
In Newcastle, you can expect to be stuck in court for about 18 months or more before the trial date. To avoid the cost and delay of court proceedings, here are the 4 things you need to do before filing: 1. Obtain legal advice – obtaining advice early can help you understand what needs to […]
The Australian Family Court system is stretched to the limit, capacity and funding wise, and there are regulations in place to ensure that parties attempt to resolve their matters without recourse to the Court system. In 2004 the Family Law Rules 2004 (Cth) introduced pre-filing dispute resolution requirements. It is a requirement that prior to […]
Who wouldn’t like to go to court every few months for two years until finally you have a date for the final hearing? The delays in the family law system can cost you financially and emotionally. But what’s the alternative? Maybe it’s Arbitration. Arbitration is a (relatively) cheap and quick alternative to court proceedings. It […]
