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 [...]
When a relationship breaks down, parents are often faced with the difficult decision of deciding a parenting style that suits both parents, yet still upholds the best interests of the children. Since the Shared Parenting amendments to the Family Law Act, that commenced on 1 July 2006, the debate has continued as to whether or [...]
There is a common misunderstanding that if one of the parties to a marriage enters it with an improper motive (e.g. immigration), or there is a failure by one of the parties to truly commit to the marriage, then it may be possible to obtain a nullity of the marriage (i.e. as if it had [...]
When considering a parenting matter, the Family Law Act is clear that the paramount consideration should be "what is the best interests of the child". The objects of the Law in terms of parenting arrangements are to ensure that the best interests of children are met by: Ensuring that children have the benefit of both [...]
If parents are able to come to an agreement on the parenting arrangements for their child, the agreement may be documented in two ways, either a Parenting Plan, or a Consent Order. Both Parenting Plans and Consent Orders can include a wide range of issues regarding a child's day-to-day and long term care, such [...]
