60-Second Summary Living separated under one roof occurs when you and your former spouse/partner are no longer marital or de-facto partners but nonetheless continue to live in the same home. There are many elements involved in the definition of separation, some or all of which may be present in a particular relationship. Therefore, what comprises … Continue reading “Separated Under One Roof”
60–Second Summary The end of a relationship often presents separating spouses and their children with emotional upheaval, as well as various financial and practical difficulties. This is made more complex and emotionally disturbing when there are issues of family violence. In urgent cases of family violence, it is appropriate that an application be made … Continue reading “FVRO’s (Family Violence Restraining Orders) vs Protective Orders”
60–Second Summary The appointment of a Single Expert Witness (“Expert”) may become necessary in parenting proceedings in the Family Court where a professional opinion would assist the Court in reaching a decision. Issues requiring input from an Expert might include: Where and with whom the children ought to live How much time the children … Continue reading “Single Expert Witnesses in Parenting Proceedings”
What is Child Support and what does it cover? All parents have a responsibility to adequately and properly financially support their child/ren until they attain the age of 18 years. Both the Family Court and government agencies consider such expenses to include housing, food, clothing and costs related to their child/ren’s education. These are the … Continue reading “Child Support Arrangements & Agreements”
What is a parenting plan? A Parenting Plan is a written agreement which covers parenting arrangements for children but is not formally approved by the Court. It is a more informal way of having arrangements in place for your children than Consent Orders, as the parties do not have to make a formal application to … Continue reading “Parenting Plans vs Consent Orders: What’s the difference?”
60-Second Summary: In order to reach an agreement on how to divide property between parties in a financial matter, it may be beneficial to appoint an expert witness who is qualified to determine the value of certain assets in the property pool. It is important to consider when it may be appropriate to appoint an … Continue reading “Expert Witnesses in Financial Proceedings”
60-Second Summary: It might come as a surprise to many but currently, in Western Australia, superannuation is not considered an asset for the purpose of a property division between de facto couples following a separation. This means that, unlike in any other Australian state or territory, superannuation cannot be split or transferred between de facto … Continue reading “De Facto Superannuation Splitting in Western Australia”
Consent Orders – Is my Agreement Final? Family Law is often in the headlines for all the wrong reasons: the cost of legal representation, month upon month of delay, the uncertainty of outcomes, etc. But it isn’t generally highlighted just how often separating couples manage to resolve their property and parenting disputes without recourse to … Continue reading “Consent Orders – Everything You Need To Know”
60-Second Summary: Thorne & Kennedy is a recent High Court decision that has changed the legal landscape in Australia when dealing with “prenups” and Financial Agreements. This case has changed the way lawyers approach such Agreements and unconscionable conduct is now at the forefront of legal discussion across the country. Don’t leave it until the … Continue reading “Thorne & Kennedy – A caution on Binding Financial Agreements in Australia”
There appears to be a significant degree of misunderstanding amongst the public surrounding the issue of inheritances in Family Law property settlements, and how they should be treated. This is especially so when the inheritance is received after the parties have been separated, often for quite lengthy periods. Two relatively recent cases re-affirm the danger … Continue reading ““But we broke up years ago…” – The Impact of Delay in Family Court Settlements”
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