Articles
Working Out What’s Best for the Children
In working out what is in the children’s best interests, parents should must consider the list of factors set out in the Family Law Act. These factors include the benefit to the children of having a meaningful relationship with both parents, balanced against the need to protect children from abuse or family violence.
This need to protect children should always be given more weight, if there is a real and unacceptable risk of harm.
What is a Fair Property Settlement?
The right lawyer can help you quickly and efficiently sort out your property matters when you separate. There are a number of hidden traps and dangers if you do not get the right advice early, including the risk that some assets and liabilities won't be properly accounted for, and one or the other side will end up without a fair settlement.
Domestic Violence, Family Law, and the Boiling Frog
Family violence allegations and parenting disputes often go hand in hand. Where domestic violence orders can have serious ramifications, and going through Court to prove what really happened is emotionally and financially challenging, it makes sense to focus on the end-game.
Working out your property split - it’s complicated
If you have recently separated, then you and your partner probably need to work our a just and equitable property settlement. What is fair depends on your own unique circumstances. There’s no quick-and-easy formula, but here is some useful knowledge about how to apply family law to your situation.
We’ve Separated … What’s Next?
Hang on, you are in for some big changes! If you have recently separated, here is an easy-to-read guide for what comes next and where you can get help. Separating is recognised as one of the most stressful changes in one’s life. Here’s what you need to know right now.
Time Limits for Divorce
If you have separated, there are important time limits that you need to know about. Once your divorce is finalised, you must finalise family law property settlement within 1 year. You and your ex-partner will also need to be "separated" for at least 12 months before either of you can apply for a divorce. Any time spent where you and your ex-partner have made genuine attempts to reconcile the marriage will not ‘reset’ the 12-month time limit, however time spent attempting reconciliation cannot count towards the 12 months.
Where There’s a Will …
Advice about your last will and testament and stepchildren. If you have re-partnered, and have children from a previous relationship, here are some tips for getting proper family law advice about your will. Without the right will, your estate may not go where you want it to go.