Blog
Text and email like it will be read in court one day
In the era of smartphones and expectations of instant communication, people often send messages on the spur of the moment, which are riddled with emotion in the middle of their family law proceedings. How does the Court view such communications?
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Parenting arrangements over the Christmas holiday period
If you have not reached agreement and arrangements for spending time with your children for any upcoming Christmas holiday period, you need to act quickly. The Family Court sets a deadline of 4.00 pm on the second Friday of November each year for applications to be filed for parenting matters regarding the Christmas holiday period to be filed.
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Can property Consent Orders be set aside by the Court?
If separated parties have reached agreement regarding their property settlement, this is often formalised by filing an application for Consent Orders with the Family Court. Once the application is filed, a judicial officer will review it, and if satisfied, the Orders will be sealed and made into Final Orders.
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Are my future needs considered in family law property settlement?
When a marriage or relationship breaks down, a question that often comes to mind is, “They make so much more money than me, I am sick, I am keeping the care of the children – will I be compensated for our different future needs?”
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How does property settlement work in short relationships/marriages?
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.
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Difference between parenting orders and parenting plans
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.
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Legal requirements to get married in Australia
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.
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Supervised time with children after separation
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.
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My ex-partner is delaying our property settlement
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.
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Ban on personal cross examination in family law court proceedings
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.
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Family law matters involving drugs, alcohol or family violence
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.
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Taxation Implications in family law property settlement
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.
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