Occasionally circumstances arise which cause one parent to withhold a child and not return them to the other parent in accordance with a court order. These are often difficult matters. Here are some things to think about: The ‘holding over’ will usually result in an application for a “recovery order” being made. In these [...]
Working out a property settlement is unfortunately an inexact science, but it essentially involves 4 basic steps: Stage 1: Identify and Value Assets All the parties’ property is included in the property pool. A value must be given to all assets. The court does not automatically sell everything. Stage 2: Consideration of the contributions [...]
One of the golden rules in property settlement is that, once you have done the hard work of reaching an agreement for division, you should if at all possible – document it. But, beyond the documenting process there is another important consideration and if it’s not addressed the court won’t accept your agreement. Your [...]
Q: Would a binding child support agreement be a good idea for me - how long will it go for? A: There are a range of situations where a binding child support agreement might assist, but be aware that there are only very limited situations where one can be set aside. Parties can enter [...]
Is a spouse spending too much? How much is too much? Does there need to be a malicious intent behind it? Wastage of property is a common argument raised by divorcing spouses – but the legal consideration they receive and the outcomes can be quite different. A recent appeal case looked at a trial [...]
It is a myth that assets of a Discretionary Trust will be protected in the event that a Trustee or beneficiary separates from their spouse. In this presentation for Accountants we cover important questions such as: What is a Discretionary Trust? How does the Court divide property when parties separate – the 4 step [...]
Under the Family Law Act, defacto couples have the same rights as married couples to seek a property settlement or spouse maintenance payment when they separate. So the question is, how do you know if you are in a defacto relationship? Firstly, the couple needs to have been in a “genuine domestic relationship.” There [...]
In recent years, domestic violence has gained attention as a huge societal issue, and has received more coverage in the media and from politicians. There have been some major changes to legislation in Qld in 2015 and May 2017. In this webinar, we talk about: Domestic violence Legislation updates Protection orders Court process And other practical tips for [...]
It is not uncommon for a parent’s time with a child to be supervised if there are allegations of abuse and the Judge determines the child is at an unacceptable risk of harm. Supervision allows the relationship to continue but ensures as far as possible that the child is safe. It is however unusual [...]
One of the limited reasons for being able to get a nullity of a marriage is proving that a spouse did not give consent to the marriage due to duress or fraud. The issue sometimes arises in cultural and inter-country marriages. The court recently heard a matter where the husband claimed the wife had [...]
