The outcome of property settlement for different couples is never the same due to a number of factors. In this blog, we are going to look at how a short marriage or short relationship (a couple of years as opposed to, for example, several decades) may impact property settlement negotiations and finalisation.
When working through and deciding arrangements for children, separated parents have the option of informal arrangements by way of a parenting plan or formalising arrangements by way of parenting orders from the Family Court.
Getting married in Australia is governed by legislation enacted back in 1961, being the Marriage Act 1961 (“the Act”). The Act sets all the legal requirements for you to marry in Australia.
For certain separated families, it is appropriate for the time one parent spends with the children to be supervised by a third party. There are many reasons why supervised time is either requested by one parent, offered by one parent or ordered by the Court.
When separating from a former spouse or de-facto partner, it is common for parties to work together to reach a settlement on their financial relationship so both parties can move on to the next stage of their life. However, it is just as common for one party to delay finalising that property settlement.
Personal cross-examination of other parties is not permitted in certain circumstances in family law proceedings where allegations of family violence have been raised. Where the ban applies, any cross-examination must be undertaken by a lawyer.
Exposing a child to a parent (or third party) who is under the influence of drugs or alcohol, in possession of drugs, or engaging in family violence is unthinkable to most parents. A common conundrum that separated parents face is how to protect their child from harm whilst also supporting the child’s relationship with the other parent.
Several tax considerations often arise during family law property settlements, whether it is settlement by consent or the matter goes to trial in the Family Courts.
With Australia’s international borders now open and fewer restrictions on international travel following the pandemic lockdowns, we are seeing the return of more clients seeking urgent applications for their children to be added to the Family Law Watchlist (“Watchlist”).
Child handover for parents and children can be complicated, difficult and a source of anxiety for all involved. When parents are co-parenting after separation, it is important for children, that handover is simple and cordial, and provides children with the least likely feeling of being tugged between parents.
Grants, including the first home owner’s grant, are most relevant in family law property settlement negotiations when real property is owned in joint names, and grants are received in joint names tied to that real property.