Blog
Separated but living under the same roof
If you’re separated but still living with your spouse, this is called ‘separation under one roof’. Many separated couples do this for a variety of reasons. It’s not ordinarily an issue until both parties seek divorce and need to prove to the court that they are in fact separated.
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Pets and other animals in the family law system
Many families and couples often welcome furry friends into their homes and lives. Pets are often cherished members of a familial unit. But what happens to those pets (or other animals) if the relationship ends? Who gets custody of the pets, so to speak?
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What is a financial agreement (a prenuptial)?
A financial agreement, colloquially referred to as a “prenuptial agreement” (and even more colloquially, a prenup) or Binding Financial Agreement, is a written agreement between parties to a marriage or a de facto relationship. including same-sex couples.
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Parenting orders for spending time with the children
Parenting orders can cover a whole raft of family law matters relevant to children; for example, parental responsibility. However, today we will be exploring the legislative framework for making parenting orders in respect of the time a child spends with each parent or with other significant people in their lives, such as grandparents.
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Are the views of the child considered in family law?
A common question in family law parenting disputes is: "Will my child’s wishes be considered?" Unfortunately, there is no clear-cut answer to this question. However, what can be said is that a child’s wishes alone will not determine a parenting dispute.
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Separating from your spouse – important information and documents to collate
When a relationship ends, it can be a very emotional time, and it can be difficult to think clearly about what you should be doing to prepare yourself for separation. There are a number of documents and other vital information you should consider collating at the time of separation.
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What does parental responsibility mean?
The concept of “parental responsibility” is common to family law parenting disputes, however, there is often confusion surrounding what it means. Following widespread reforms of the Family Law System in 2006, the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) introduced the concept of “parental responsibility”.
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What is duty of disclosure in family law?
When a marriage or de facto relationship ends and a property settlement is required, the parties are required by the Family Law Rules to provide full and frank disclosure about their financial circumstances. This is referred to as your duty of disclosure.
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Formalising agreement reached regarding property settlement and parenting arrangements
Separation does not always mean animosity and disagreement. Partners who are ending a marriage or de facto relationship can often come to an agreement about property settlement and sharing time with any children of the relationship.
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How does the Family Court determine property settlement matters?
Following the breakdown of a de facto relationship or marriage, it may be necessary to determine how assets, liabilities and even superannuation entitlements are divided between the parties; in other words, how property settlement will be calculated.
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You don’t need to wait 12 months for a family law property settlement
We often receive enquiries from family law clients who assume they have to wait at least 12 months following separation to commence their financial and property settlement. This is not the case.
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Are we just dating or are we in a de facto relationship?
Whilst in the infant stages of a relationship, a common question is often, “What are we?” Are we something as simple as boyfriend and girlfriend or friends hanging out together, or are we actually in a de facto relationship?
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