We have reached an agreement, now what?
We see a lot of clients who have gone through an amicable (as much as it can be) breakup and have been able to reach an agreement with their former partner with regards to splitting up their property and making arrangements for the care of any children. And this is a great outcome for everyone except when something happens and the agreement is not adhered to or someone wants to change things. How do you protect your interests once you have reached an agreement?
How can I resolve my family law matter without going to Court?
If you and your ex can solve the problem without going to Court, then you have a hand in the solution. You each have a say. You can be heard. You each have some control over the outcome. If the two of you reach a solution, you are much more likely to do what you agree to do.
Do grandparents have “rights” when it comes to children after a family separates?
A question commonly asked is “What rights do I have as a Grandparent?” The short answer is that grandparents do not have an automatic right to see their grandchildren. However, children have rights.
In Sickness and in Health
How can you look after your loved one when they lose capacity? What would happen if your husband or wife (or that other special person in your life) suddenly lost the capacity to look after themselves? Do you know what they would want you to do for them?
What happens to the family home?
When parties separate, there is often a dispute over the family home. In most cases, the family home is often the major asset in the property pool, together with superannuation. The family home is identified and valued with all of the other assets owned by the parties. This takes place as part of the process of working out what is available for division between the couple.
The Do’s and Don’ts of DIY Divorce
People often tell us that they want a “divorce”. This word is often used interchangeably by people who actually want a property settlement, or a parenting arrangement. In fact, the process of divorce is quite different to a property settlement or parenting dispute and is treated differently by the Courts.
We are in love, what could possibly go wrong…
The consequences of contracting an STD can have a significant impact on your financial health both in the short and long term. Just because you are in love, doesn’t mean you can’t protect your financial health from Sexually Transmitted Debt.
Domestic violence and how to obtain protection
Domestic violence and family violence is defined to include:
physical abuse;
damage to a person’s property;
emotional abuse;
economic abuse; or
threatening or coercive behaviour.
Does the Court consider a child’s wishes in parenting matters
When we talk to separated parents, we often hear that the children said they want to live with our client. But what weight does a Judge give to a child’s wishes and how do you put those wishes into evidence?
The 5 Step Process
Following your separation, you may find yourself asking “what am I entitled to?” or friends and family asking you “how much will you get?”. There is no ‘one size fits all’ answer to this question, and the answer will depend on a range of factors specific to the individual circumstances of your case.
Am I in a de facto relationship?
f you would like advice as to whether you are in a de facto relationship and/or the ways you may be able to protect your financial interests please contact our office on (07) 5458 9000 for a free chat with one of our solicitors.
Bankruptcy and Family Law
It is very common for parties to find themselves in a tight financial situation following separation. Parties often feel like they are 'broke'. However, many people fail to consider what happens when a situation goes beyond simply being 'broke'. In these cases, financial circumstances become so tight that they can sometimes lead to bankruptcy.
How to decide where the children will go to school - tips for separated parents
Issues around schooling and enrolment are common amongst separated parents and often incite disagreement. In situations like this, schools are often directly involved in such disputes, particularly where separated parents do not communicate with each other. This course of action should be avoided, and schools should not be responsible for managing and intervening in disputes. The issue of where a child is to attend school is to be decided by the parents.
Top 5 things to do when separating
Going through separation can be stressful, upsetting, confusing and scary. Whilst everybody’s experience is different, a lot of people share the feeling of not knowing what to do first. There are a lot of things that will need to be taken care of – some more urgent than others.
Here is a ‘top 5’ list of things to do when you are separating. Not all may be applicable to you, but the purpose of the list is to give some initial guidance about the things you might prioritise.
Valuation of Assets in Family Law
When parties separate and enter into negotiations or commence proceedings in Court for a property settlement, one of the first steps is to identify and value the assets.
Affidavits in Family Law
An affidavit is a document setting out the evidence of a witness, made under oath. An affidavit is an account of what the witness saw, heard, did and/or experienced that is relevant to the issue(s) to be decided by the Judge
Pre-Nups - are they worth the paper they are written on?
In short, pre-nups are worth your while if:
they are carefully and thoroughly prepared;
the parties to the agreement receive the right legal and financial advice; and
you actually need one.
These types of agreements are not suitable for everybody.
Who Gets the Dog?
When couples separate, a lot of time and energy is spent considering what impact the separation will have on finances, children, property and social circles. However, it is common for pets to be one of the last things considered.