When couples separate, the first step is to identify and value the assets of the relationship. Depending on the type of asset, some will be easier than others to value. Assets that have a current value such as money in a bank account or shares in companies are easy to...
There are many costs that should be considered when planning for a Divorce. The main costs involved in a divorce involve court fees, lawyer fees (including solicitors and barristers), application fees and the costs associated with living independently. Who pays...
When a marriage breaks down, parties to the marriage may want to apply for divorce straight away. However, many people are unaware that in order to get divorced, you must meet certain requirements. 12 months separation Section 48 of the Family Law Act...
There has been an increase in family law disputes as the number of blended families and divorce requests rise. Currently, there is no legal requirement to include your step-children in your Will and therefore if you want to ensure they receive some of your inheritance...
The use of social media as evidence in family law matters has increased exponentially given the general public now posts a lot of their lives to social media. In parenting or spousal maintenance orders, there is often a lot of reliance on what the other person did or...
Overseas assets are becoming increasingly more popular amongst Australian citizens, partly due to the growth of international trade and greater migration. However, things get complicated when couples in a marriage or de facto relationship decide to separate and these...
Claims against veterinary practitioners for negligence or malpractice are becoming increasingly more common in Australian society, as pets are considered part of the family, and emotions run high when they become ill or die. A common theme driving complaints about...
Spousal maintenance is when regular payments are made by the former spouse or de facto partner to the other partner, usually on a monthly or fortnightly basis. Spousal maintenance is likely to be required where there is a significant difference in the incomes of the...
Divorce and separation are a matter of Federal law, however, death falls under state law, so when a partner dies, the family law courts do not have the jurisdiction for a property settlement. The general rule established in Sims v Sims, is that a property settlement...
A family law property settlement is the division of property at the end of a marriage or de facto relationship. Under the Family Law Act, if parties cannot agree on a division of property themselves, an application for a court ordered property settlement must be...
Negotiation is a form of alternative dispute resolution that allows the parties involved to reach a mutually acceptable agreement without going to court. Successful negotiation requires give and take where you are making concessions that may be more important to the...
Applying for a parenting order should only be considered after both parents of a child have made all genuine attempts to resolve a matter on their child but have failed to agree. Parents who are unable to resolve a parenting claim themselves, should first attempt the...