Author: conceptadmin

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 …

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 …

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 …

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a person may find themselves in a weak financial position after the financial support once provided to them is withdrawn or decreased.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, …

4 New Year Resolutions that will change your 2016

Happy belated New Year from all of us at Leach Legal. We have built a fantastic team and I have spent some time over the break thinking about how I can continue to grow and improve personally and professionally.   Working on the “Keep it Simple Stupid” principal, I have identified four things that I …

Dealing with Children Post-Separation

Separation from a partner or spouse can be a traumatic and harrowing experience. It can be even more complicated when children are involved. Here are some tips to keep in mind following a separation, that may assist your children to cope: Ensure they have appropriate support: Sometimes they will want to talk to someone who …

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