There is often a misconception that separation can only occur on the date that a partner decides to move out of the home, but in many instances this is not the case. In these days of Global Financial Crisis, it is more common for couples to separate but still continue to live together in the [...]
With most families these days having both parents working - the childcare assistance that grandparents can provide often has them playing a big role in their grand-children's lives. So - what happens if a couple separate and the grandparent can no longer see the grandchildren? Naturally, negotiation and possibly, mediation should be the starting point, [...]
When separation occurs, it is quite common that one of the spouses may wish to move away. Often the desire to relocate can come about as a result of new employment opportunities, a new relationship, to be closer to family and friends or simply a change of lifestyle and a fresh start. This becomes [...]
The Family Law Act provides limited scope for a 'Final' Court Order for Property Settlement, to be re-opened. This includes Orders that are made by Consent (between spouses) or Orders made by a Judge. A person affected by a Court Order which alters their property rights has the standing to make an application to the [...]
The old adage that "possession is 9/10ths of the Law" is still very true when it comes todivorce and property settlements. A problem that quite often arises when couples are trying to sort out a division of property is locating property that has apparently disappeared. One spouse says that it existed and the other spouse denies [...]
The Shared Parenting changes to the Family Law Act, which commenced in July 2006, have continued to be a source of heated debate in the community. Do they work, or don't they? After significant, research, a Report was released last week by the Australian Institute of Family Studies (AIFS) which examines the results of the [...]
The Family Law Act provides that a parenting Order may be applied for by: either or both of the child's parents; the child; a grandparent of the child; or any other person concerned with the care, welfare or development of the child. Accordingly, grandparents are able to make an Application to the Courts for parenting Orders. A parenting [...]
Under the Family Law Act, a property settlement agreement can be formalised in two ways, either by an Application for Consent Order (i.e. Minutes of Consent) or by way of a Binding Financial Agreement (BFA). It is important to remember that once the Agreement is formalised in accordance with theFamily Law Act, it will be [...]
Property Settlements are difficult to calculate at the best of times, but what happens when one spouse has received a large personal injury payment? There is not only the financial contribution to consider, but also the impact on the family with additional care requirements and stresses. Getting started: Under the Family Law Act there is [...]
Property Settlements essentially involve 4 steps, as outlined in our June article, "'The How-to' of Property Settlement". The first step requires all the property of the separated spouses to be valued - this is often the most challenging. The relevant value for property is it's fair market value. There are various different items that [...]
