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. In some circumstances, a child’s wishes … Read more about Are the views of the child considered in family law?
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. Having access … Read more about Separating from your spouse – important information and documents to collate
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 … Read more about What does parental responsibility mean?
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. The duty to provide full and frank … Read more about What is duty of disclosure?
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. If agreement can be reached amicably and quickly this is the … Read more about Formalising agreement reached regarding property settlement and parenting arrangements
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. In some circumstance’s property settlement … Read more about How does the Family Court determine property settlement matters?
We often receive enquires 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. The “12 months” confusion relates to divorce, not property settlement The 12-month time frame is … Read more about You don’t need to wait 12 months for a family law property settlement
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? Relationships come is many different forms these days. There is no ‘one … Read more about Are we just dating or are we in a de facto relationship?