Blog
Can I secretly record my ex for family law proceedings?
If your communications with the other side start to get messy or out of control, sometimes there is panic and people can be tempted to covertly and secretly record conversations. It’s important to know that there are legal limitations as to whether those recordings can or will be considered in Court and whether they were legally taken at all.
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Can I claim more after finalising property settlement?
When a property settlement has been finalised after separation, the parties’ financial relationship ends on a full and final basis. However, there are some instances where the Court may set aside a property settlement in order to re-assess and possibly vary the outcome.
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Can I keep the engagement ring after separation or divorce?
This seems like a simple question, but the answer is far from simple. Who keeps the engagement ring after separation or divorce will depend on your individual circumstances. The issue of who keeps the ring is a question frequently asked of family lawyers.
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Can I use financial information disclosed during property settlement for another purpose?
During property settlement proceedings, documents may come into your possession that are relevant in other processes like child support assessments or spousal maintenance applications. We look at when you can share documents disclosed in one part of your family law proceedings for a separate part of your family law proceedings.
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Can I finalise property settlement without getting a divorce?
After separation or divorce, things can get confusing and sometimes overwhelming. There are often several family law processes all happening at the same time, and many of these will have timeframes you need to be mindful of and adhere to. In this article, we specifically look at the process of how divorce intersects with property settlement.
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Paternity tests to prove parentage in family law matters
A DNA paternity test can be performed where there is a dispute about who the child’s parents are. Most commonly, disputes can arise about who the father is in the context of child support. However, it is also common to see an application for DNA paternity testing in family law proceedings where a party is seeking to spend time with a child.
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The effect of family violence orders on parenting orders
With parenting disputes that end up in Court, the Court will take into consideration any family violence orders to ensure it makes safe, reasonable, and effective parenting orders. In this article, we explore family law matters where family violence orders intersect with parenting orders.
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The effect of family violence orders on property settlement
In most cases, the marital conduct of either party is not considered to be relevant to the division of property after separation. In some instances, however, family violence can impact the outcome of a property settlement.
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Property settlement and property owned before a marriage
If you’re considering separation or are in the process of separating, you may have given some thought to how assets owned by you may be treated in any property settlement proceedings. A common question family lawyers are asked is: “Will I be able to keep property bought by me before the marriage?”
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Parental rights of sperm donors
In Australia, there is a common misunderstanding that sperm donors will automatically not hold any parental rights to a child born using artificial conception. While this may be the case in some circumstances, in other situations, a sperm donor may be ruled the legal father of a child born through his donation.
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What if my child refuses to see the other parent?
When parents separate, it’s not uncommon for children to express how they are feeling through their behaviour. Sometimes this can cause issues during child handover times. So, what should you do if you child is kicking or screaming as they refuse to spend time with the other parent?
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Disputes over who stays in the family home after separation
After the breakdown of a relationship, it would make sense for the parties to physically separate from one another by one of them moving out of the family home. However, sometimes people can’t agree on who should move out. So, who gets to stay in the family home if no one can agree?
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