Author: conceptadmin

The Cardinal Sins of Family Law Matters

Going through a relationship breakdown is one of the most difficult things a person can go through. Aside from the emotional turmoil that inevitably accompanies a relationship breakdown, you will find that EVERYONE is a family law expert- your friends, the internet and your family often provide [well-meaning] incorrect advice. Here are some very specific …

Why does the date of separation matter?

Separation occurs when a marriage or relationship breaks down. The date of separation will be when either or both parties to the relationship: form an intention to separate; and act on that intention, usually by communicating to the other party that the relationship is over. Parties can be separated and still live under the same …

Lottery wins and family law property settlements

The recent case of Elford [2016] FamCAFC 45 considered how lottery ticket prize money would be treated in a property settlement. In this case: 12 months into the 10 year relationship, the Husband won over $620,000 on a lottery ticket; He had been using the same numbers each week for some 8 years before the …

Help, I Want a Divorce!

Many people I see have misconceptions regarding divorce. Often they do not know what is involved, or how divorce relates to financial matters and parenting. Obtaining a divorce can be a fairly straight forward process. This is generally the case when the application form is completed correctly, the circumstances are unambiguous, and both spouses co-operate. …

5 Family Law Terms People Commonly Misuse

1. Guardianship Prior to 2006 parents were awarded either “sole guardianship” or “joint guardianship” of their children. The law changed in 2006 and this term was abolished and became “parental responsibility”. Both terms relate to decisions about a child that are major long term issues – such as education, religious and cultural upbringing, elective surgery …

The Ungodly Divorce

I recently met a man, let’s call him Ashton. Ashton asked me if Family Law had changed over the years. I told him that prior to 1975 there was “fault” divorce and that unless you could prove that someone had done the “wrong” thing, the Court would not approve the divorce. Adultery, cruelty and desertion …

To disclose or not to disclose, where is the question?

Chapter 13 of Family Law Rules 2004 deals with the duty of disclosure. Pursuant to Rule 13.01, parties in family law negotiations are obliged to make full and frank disclosure of their financial circumstances in a timely manner. The duty of disclosure is an ongoing duty. Parties must disclose all relevant documents and continue to …

How Much Spousal Maintenance Am I Entitled To?

After the breakdown of a marriage or a de facto relationship a person may find themselves in a weak financial position after the financial support once provided to them is withdrawn or decreased. This change in financial support can leave a person in a situation where they are unable to support themselves. Additional circumstances may …

Do I Have to Go to Court?

The short answer is no. Going to Court is a last resort used when negotiations have been unsuccessful. Before commencing proceedings, we use a range of negotiation tools such as letters or emails, informal conferences and mediations. If you and your former partner can reach an agreement about your children and / or financial matters, …

Child Support Obligations

Despite parties severing all ties after separation or divorce as parents they have an ongoing obligation to support their children financially until, in most cases, the child reaches 18. This obligation is governed by the Child Support (Assessment) Act, and administered by the Child Support Agency (CSA). Assessment Either parent or a non-parent carer can …

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