When should I get a lawyer? by Lajita Allan-Agnew There are really very few legal situations in which you will not need legal advice, at least, and others when you would be foolish not to get one. Examples of when you can do without a lawyer are for small claims court, lawsuits that you do […]
Do I Need to Lodge a Caveat After Separation? by Lajita I am separated from my partner/spouse, “do I need to lodge a caveat on our property?”. A caveat on real property serves to warn anyone dealing with that property that someone has a priority interest in that property. It is a common occurrence in […]
Splitting your Superannuation after Separation by Lajita When a marriage or de facto relationship breaks down, the asset pool can be divided between the parties. Superannuation is treated as property under the Family Law Act 1975 but it differs from other types of property because it is held in a trust. Splitting does not convert […]
How to Control Your Legal Fees by Lajita Allan-Agnew Depending on who you talk to, legal experiences can range from horror stories to feel-good movies. The genre of your legal experience as well as the reality of legal fees is however, to a large extent, within your control. Is there an alternative to going to […]
I am separated from my partner and I want to travel overseas with our child. What do I do if s/he says no? by Lajita In all but extreme cases, parental responsibility is shared by the mother and father of the child. When it comes to the matter of travelling overseas with your child/ren, shared […]
How Much Will I Get? by Lajita When a relationship breaks down, you soon realise that you must separate your living arrangements, finances and decide who gets to keep what. Unfortunately, there is no formula used to divide your property and what rings true for one relationship will not apply in another. The Family Law […]
Picking Your Battles by Lajita Recently, I found myself in front of an Honourable Judge in a parenting and property matter. To the credit of the other party and I, we had reached an agreement on all but one thing – we wanted the changeover place to be changed from the parents’ house to a […]
Fall In Love With Your Eyes Wide Open Pre-Nups for Married and De Facto Couples You have met your soul mate, you are in love and you have planned to live and die for each other for ever more. This is wonderful if this is the case. There is no reason why you should not […]
The Truth About Divorce by Lajita It doesn’t matter whose fault it is – in Australia, divorce is no longer fault based. There are very few grounds to prevent a divorce being granted. If there is a jurisdictional argument as to which country should hear the divorce proceedings, or if the date of separation is […]
Family Reports in Parenting Cases by Lajita In family law parenting matters, a child’s best interests are the primary focus. Family reports provide the court with an insight into the views, relationships and family attachments of the children involved in the dispute. The family report is written by a family consultant, who will be either […]
First Family Court Hearing? Here’s What To Expect If You Go Alone by Lajita What to do Before you Go To Court Be prepared and ready to present your case on the day of your court hearing. Do as much research as possible and gather all the information for your case. Make sure you have […]
Social Media and the Need to Bite Our Tongues by Lajita “In the heated state of mind, your mind controls your actions” – anonymous It is now the norm to begin our days with social media … and end them with social media. We validate our lives and our opinions on it and we jest […]
Difference Between Property and Financial Resources by Lajita The Family Law Act 1975 (the Act) sets out the general principles the court considers when deciding financial disputes after the breakdown of a marriage (see Sections 79(4) and 75(2)) or a de facto relationship (see Sections 90SM(4) and 90SF(3)). The general principles are the same, regardless of whether the parties were in a marriage or […]
Was I In a De Facto Relationship? by Lajita Commonwealth laws for the division of property for people in de facto relationships that break down commenced on 1 March 2009. Prior to 2009, the laws for division of property that were applied to a married couple did not apply to a de facto couple. The […]
How Do I Tell The Kids About Our Divorce? by Lajita Children grow up surrounded by notions of what is “happily ever after” and what their family should look like and how they should behave. When parents fight or just don’t get along, although the child is sad, in most cases, they don’t conceptualise their […]
How Does My Inheritance Affect My Family Law Property Settlement? by Lajita In 1999, Sunny and Ria met through a marriage maker. Sunny lived in India and over several months they communicated via Skype, telephone and email and decided that it was true love. Ria owned a modest but run down property in Frankston. The […]
Where there is a breakdown in a relationship between spouses, either married or de facto, the estate plan needs to be considered.
Am I in a de facto relationship? Am I in a de facto relationship?: The two year rule for Family Law, though many of these factors also apply to proving a de facto relationship between someone who has died and their surviving partner. Contact us to arrange a chat. It doesnâ€™t hurt to ask.
When can I get a divorce? Will a divorce sort out all financial and parenting issues? Are there any time restrictions for sorting all these things out? Are De Facto relationships different?
Family Violence Intervention Orders by Matthew Elvin. Family ViolenceÂ Intervention Orders are intended to protect family members who are affected by family violence from the perpetrator of the violence. â€œFamily violenceâ€ includes behaviour between family members which causes a family member to be fearful for his or her safety or wellbeing. It can includeÂ threats, physical abuse, […]
A final property settlement is a Final Order of the Court, binding on both parties. When can it be set aside?
Whether a superannuation split is to occur under an agreement or a court order, the first step is always to find out the relevant information of the partiesâ€™ superannuation fund(s).
â€œDirect financial contributionsâ€ are essentially any lump sum of money received during the relationship, such as workerâ€™s compensation, inheritance and lottery winnings. As a basic rule, if you received a lump sum of money during the relationship then this will be Lump sum after separationconsidered your â€˜contributionâ€™.
If you are a victim of domestic violence, the first thing you need to do is ensure that you are safe and that you have the support you need.
If you do not have it, then you will need to apply to the Court for an Order permitting you to take your child overseas. If you are in possession of the child’s passport, unless the other parent makes an application to the Court to stop you from going overseas, then you technically have the option of simply going overseas without the consent of the other parent.
Minimise legal costs: Because lawyers generally charge for their time, whether your lawyer is performing an administrative task for you or providing you with specialist legal advice – they are charging you the same amount of money.
How does my inheritance affect my family law property settlement? by Matthew Elvin Inheritance does have an effect on the outcomes of Family Law property/financial cases. The timing of the inheritance is crucial. On the one end of the spectrum is inheritance received after separation, but before property settlement is finalised. In this case, you […]
At the first Court hearing in parenting cases, the Court will often order that the parents and the children attend an appointment with a Family Consultant for a family report.
What To Expect at Your First Family Law Court Hearing by Matthew Elvin At the first family law hearing, donâ€™t expect to see witnesses cross-examined in the court room like on television shows. The first court hearing is more procedural, with the judge only usually making â€˜interimâ€™ orders. These only last until a final order […]
About half of all people in Australia experience a legal issue each year. Most of these people wonâ€™t seek legal assistance or engage the court system to resolve the issue.
If you have recently separated, you may think that getting divorced will sort out the financial and childrenâ€™s issues between you and your ex-partner. Unfortunately, this is incorrect.
What To Do If You Don’t Think Your Family Law Property Settlement Is Fair by Matthew Elvin Have you ever separated from a partner, agreed to a family law property settlement with them, and then later decided that you shouldnâ€™t have settled for so little? It may sound unlikely, but itâ€™s not that uncommon. Separation […]