Family Law

March 1, 2023July 31, 2023

Why Separated Couples Are Obliged To Seek Dispute Resolutions Before Applying To Family Court

When someone has separated from their spouse or de facto partner, they may make an appointment with their family lawyers assuming that the next stage in the process of formalising their divorce is to go to Family Court. Invariably, they will be told by their family lawyer that, rather than being the next stage, the court is likely to be the final stage in the process.

The days of the Family Court being the arena where all divorces are played out is long gone and this now tends to be the exception, rather than the rule. That occurs, firstly, because many couples can settle all divorce matters, including property and their children, amicably and through their family lawyers facilitating an agreement between them. All the Family Court then does is confirm the settlement is fair and grant the divorce.

Federal Circuit and Family Court Rules 2021

The second reason why the Family Court is not involved in the earlier stages of a divorce is Family Law and recent changes to it. In September 2021 new rules relating to divorce came into effect, namely the Federal Circuit and Family Court Rules 2021. These rules laid down principles that obligate separated couples to use all their efforts to try to negotiate an agreement before they seek intervention from the Family Court.

Family Law

October 20, 2020July 31, 2023

How To Ensure Your Financial Agreements are Fair

Whether you own a business or are entering into some financial agreement unrelated to business, lawyers will tell you never to sign on the dotted line unless you fully understand everything. Consulting with family lawyers about financial agreements is the best way to ensure the other person is not taking unfair advantage of you.

Financial agreements can be very simple or much more complicated, and you are unlikely to understand the implications of everything you read in it, even if you think it is clear. In business, there are many ways of saying things legally that spin the meaning around to give favour to the person who is offering the agreement. Unless you have a lawyer go over it and explain it all to you, you could be disadvantaged in some way.

When a lawyer examines the agreement, he or she can tell you if it is fair and whether it could be worded differently to ensure you only pay what you are legally required to. Your solicitor will be able to add a clause or adjust one so that there is no chance of you being taken advantage of.

Family Law

September 22, 2020April 26, 2023

Does The Mother Always Get Custody Of The Children?

In any consideration or depiction of divorce, be it in real life, or in the movies, the normal scenario is that the mother always gets custody of the children, however, that is not necessarily true in every case.

This is particularly true in Australia from a legal perspective, because following an amendment to the Family Law Act in 2006, there is no such thing as mother’s rights, nor for that matter, do father’s rights exist.

There is one very simple, and laudable, reason for this to be so, and that is that in Australian law, the highest priority is making sure that the rights of the children are promoted and protected, rather than the rights of the mother and father of those children.

For the above reason, when it comes to divorce and consideration of what is the best interests of the children of that marriage, the default position is that the parents have shared responsibility for their children. The legal terminology is ‘Equal Shared Parental Responsibility‘.

Family Law

January 2, 2019March 26, 2020

Are A Child’s Opinions Considered With Child Custody Arrangements?

Child custody decisions in Australia are complex matters which are often decided by the courts. Achieving a positive outcome for both parties can be difficult, which means that you should always engage the services of an experienced family lawyer to make sure that you’re doing things right.

In saying that, there are some things that are out of your control when child custody cases are being heard. For example, if a child really doesn’t want to live with one of their parents, the court will take this into account – sometimes.

It can be hard to know just how much weight the judge will give to a child’s opinions when resolving a child custody dispute, and ultimately it will vary from situation to situation.

When will a child’s opinion be considered?

As I noted above, the weight that a judge gives to a child’s opinion will depend on the situation. In some cases, they will listen carefully to what a child or children have to say. For example, when:

A child is mature enough to form their own opinion without significant outside influence.
When there’s evidence that one of the parents hasn’t treated the child right.
If one of the parents has been absent for a significant part of the child’s life, and they want to continue living with the other one.

Family Law

September 3, 2018April 5, 2023

Dangers of Skyrocketing Divorce Rates Among the Elderly

Apparently, the more senior segments of our population are taking a hard look at marriage and engaging family lawyers. Divorce rates among the 50-and-older crowd have doubled in recent years and the reason might be different than you expect.

In general, people are living longer, by some estimates as much as 30 years longer than in previous generations. That’s a lot of time together if you’re not happy in your marriage. The result is what some have called “late in life divorce” or “gray divorce” and it is an unexpected outcome of longevity.

With better access to health care and healthier lives people may be feeling that they are entitled to living more fully, that it’s “their time now”. After all, many have spent years raising children, sacrificing to save for retirement, and they feel they’ve earned the right to be happy in their twilight years. For other, merely the prospect of living in an unhappy marriage for decades longer is simply intolerable.

Still, this type of divorce doesn’t come without dangers. Older individuals are usually less financially secure and also suffer from age related problems and illnesses which make living on their own less safe.

Also, divorcing at the brink of retirement can devastate a couple’s finances. Usually, financial planning for retirement has contemplated a single household. And earning potential, especially for woman in the later years, is bleak. Couple these concerns with a bumpy stock market, fluctuating home prices, possible reductions in Social Security, and you have a recipe for a rocky retirement. Even with the upbeat reports on the job market, re-entering the work force for a retiree can be psychologically draining and economically unsatisfying.

Family Law

February 20, 2017April 11, 2019

How to Ensure a Fair Division of Property at Divorce

Any lawyers will tell you that even though a divorce may be stressful, there are certain things that should not be left to chance. One of them is the division of property. If valuable assets are held by two people who divorce, it is only fair to divide them up. According to experienced divorce lawyers Robertson Hayles, unless you get advice from family lawyers it is possible that you’ll decide to forego your share just to have it all over and done with. You may live to regret that decision.

It is all very well to make a verbal agreement about the division of property, but before you call in the removalists, who’s to say that your ex will not renege on their end of the agreement. A verbal agreement is not something that will hold up in a court of law. Leaving it all up to a verbal agreement is only going to prolong the agony, if you don’t decide to just let your ex take everything simply for the peace of having no more hassles with them.

Family Law

February 7, 2017February 26, 2017

Where There’s a Will There’s a Way

Most family or specifically Wills lawyers would agree that it’s important to have a Will no matter what age you are. However, since people don’t like to think about dying, they also don’t want to make a Will. This can be a big mistake, because if they have any assets at all, these will be frozen at the time of their death and no one will be able to access them for many months.

In addition, because the judicial system will become involved in deciding who should inherit their property or other assets, the end amount will be much less, since the cost of the court case will be taken out of the assets. And if the cash assets don’t cover the cost, any property will have to be sold to pay it. So if you want your family members to inherit your home, it may not be possible for this to happen without a Will.

Family Law

January 2, 2017October 11, 2018

Tips to Setting up Financial Agreements Between Families

These days when it is difficult to get a loan to purchase a home, financial agreements between families can be really helpful. It is essential to consult with lawyers to ensure such agreements are legally binding and fair so that there can be no squabbling over it. Having a verbal agreement is not wise, as one party can change their mind or mistake the meaning of the agreement and it can cause a big split in the family that even family lawyers may find difficult to work through.

Money is usually the number one problem in most relationships, often because one person wants to spend it and the other person doesn’t. So when it comes to hundreds of thousands of dollars any disagreement is likely to have far-reaching effects. In fact, it is far better not to have such an agreement in the first place if it is likely to split the family.

Family Law

June 7, 2016May 11, 2021

How a Court Divides Assets After a Divorce

When it comes to divorce, family lawyers are the ones to help and most lawyers will tell you that when two people split up there is usually a great deal of bad feeling. While this can be expected, it doesn’t make fair division of assets easy or even very likely. If the two people cannot agree on the division of property or other assets, the court has to decide.

This is not the best way to deal with things, because it can take a long time to finalise and it will cost a great deal, but sometimes it is the only way. So what does a court take into account when deciding on how to split up the assets? It doesn’t simply divide them down the middle and give one half to each person. Other things are taken into account. These are usually: –

What assets each person brought into the relationship
The ability of each person to earn a wage after the divorce. For instance, the carer of small children may be unable to go back to work, or one partner may have become partly disabled due to injury.
Whether the children would be better off remaining in the family home
The value of any business interests
The value contributed to the relationship by the person who stayed at home to care for children and do domestic duties
Whether any other supportive duties such as farm work or bookkeeping, were carried out by the person who stayed at home
Whether any inheritance or financial gift received by one person during the relationship should be divided, or if it should remain solely with the beneficiary

Family Law

August 17, 2014February 22, 2017

Legal Tips for When a Relationship Goes Bad

Often, young people – and not so young people – jump into a relationship too quickly, then find several things about their partner they just cannot stand. Family lawyers are available to help you when a relationship goes bad and it is essential to take their advice to heart so that you remain safe and get through that divorce with the least possible emotional turmoil.

Lawyers would be the first to tell you it is important to follow the law, so here are some tips to help you know what the law expects – and what it does not.

Family Law

Category: Family Law