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...
When a person creates a Will they appoint an Executor; the person in charge of administering the Will Maker’s estate when they die. However, sometimes circumstances change from when the person creates the Will, and the nominated Executor is no longer capable to act in...
The Coronavirus pandemic has led to the failure of many small businesses. Therefore, what should you do if your business is facing insolvency? What is insolvency? An insolvent company is unable to pay its debts as they fall due. Signs of insolvency...
If you have decided to see a family lawyer regarding a family law issue, it is helpful to prepare and gather the necessary information and documentation to bring along to your first family law appointment. At Matthies Lawyers, we advise the use of the program Settify...
When contemplating a divorce or separation, most people assume that their assets will be divided equally. However, at law, there is no 50-50 split rule, and the Court will look at many factors in determining how the marital assets of a couple will be divided. The way...