News & Articles
Can I Leave My House to Facilitate Parenting Arrangements During COVID-19 Lockdown?
One of the most common questions we have received in the past weeks has been whether parents must (or should) comply with pre-existing parenting arrangements during COVID-19 lockdown. This was particularly so, as there was confusion as to whether informal (non-Court ordered) parenting arrangements constituted an exemption. The good news is that in most states
Child Support debt? Top 4 Actions you can take
Having any significant debt can be a stressful experience, but unfortunately some parents are discovering that having a Child Support debt can have an even greater impact on a person’s life then other debts. This is because of the various powers that Child Support have to enforce the payment of a debt. This article looks
All you need to know about Child Support Debt
Having any significant debt can be a stressful experience, but unfortunately some parents are discovering that having a Child Support debt can have an even greater impact on a person’s life then other debts. This is because of the various powers that exist to enforce the payment of a debt. You may be interested in
You Need an up-to-date Will: Top 8 Reasons Why
A Will is a legal document in which you set out your intentions and instructions in relation to how you want your Estate Assets to be distributed after your death. Having an up-to-date Will is, therefore, an essential part of every person’s basic Estate Planning. Wills may be basic and leave your assets to named beneficiaries absolutely
Family Violence – What can I do?
What can I do? Family violence and domestic violence is becoming an ever-increasing issue in Australia. Unfortunately for some individuals they are extremely fearful of their partner and the separation process. Below is a list of ideas and things to consider for anyone that is in a family violence situation or relationship. Please share this
I am a Step-Child, can I contest my Step-Parents Will?
Can I contest my Step-Parents Will? With a continuing rise in “non-traditional” families in Australia, there are an increasing number of step-children seeking to contest the Will of their step-parent, if they have been left out or not adequately provided for. It is often the case that the child’s natural parent died leaving their entire
Do time limits apply when making a Family Provision Claim?
What factors influence the success of a Family Provision Claim? In New South Wales, a Family Provision claim must be filed within twelve (12) months from the date of death of the deceased person. We recommend notifying the executor or administrator of the estate of your claim within six (6) months from the date of
What does the Court consider when assessing a Family Provision Claim?
What factors influence the success of a Family Provision Claim? Once the Court has established that the applicant is an “eligible person”, the Court then considers whether the deceased person’s Will has made adequate provision for the applicant’s proper maintenance, education and advancement in life. If the Court determines adequate provision has not been made,
Who can make a Family Provision Claim?
I’ve been left out of a Will, am I eligible to make a claim on the Estate? Despite people having the freedom to direct who they leave their assets to when they die in their Will, there are laws in New South Wales allowing “eligible persons” to contest a Will if they have been either
How is Superannuation dealt with in a Family Law property division?
Is Superannuation included as ‘property’ in a Family Law property division? After separation, it is generally necessary for property entitlements to be formally adjusted between the parties in accordance with each party’s entitlements under the Family Law Act 1975. Sometimes it may be appropriate to divide the matrimonial property pool on a 50/50 basis between
Specific Family Law Issues for Military personnel when facing a relationship breakdown
At Delaney Roberts Family Lawyers, we take particular pride in assisting our Defence Force community. Our office is located 500 metres from Bullecourt Barracks at Adamstown so over the past 12 years of operations we have helped numerous Defence Force personnel and their families. The unique nature of employment in the military sometimes means that
How to protect the Family Business from the impact of separation
Divorce is never going to be a simple process. When a family business in involved, it invariably becomes quite messy. If you are the person considering leaving the relationship, then you should take steps in preparation for doing so. The earlier you can see a Family Lawyer the better as they will be able to
The importance of a business valuation in a Family Law property division
Around 70% of Australia’s 2.1 million businesses are family owned. This means that family businesses are commonly involved in a property division dispute when a couple separates. Very often, both parties have worked hard and endured sacrifice to help the family business along. When a marriage or de facto relationship breaks down, the family business
Transgender children and the Family Court
On 31 March 2021 we recognise Transgender Day of Visibility, an international celebration of trans pride and awareness. In support of Transgender Day of Visibility, it is timely to look at the progress in the Family Court over the last several years regarding transgender children and their legal right to access medical treatment. For many years, transgender children and their families were required to apply to the Family
My Ex and I have reached agreement on our property matter, what next?
Formalising Property Matters If you and your ex-partner have been able to reach an agreement about your property matter without the involvement of lawyers, the next step is to formalise your agreement. That’s where our experienced Family Lawyers can help. There are two (2) ways you can formalise your property matter and obtaining expert independent
When should I speak to a family lawyer?
The idea of speaking to (and paying for) a family lawyer can be terrifying. For a lot of people, the only time they have ever hired a lawyer was to buy or sell a home. However, when it comes to Family Law, speaking to a lawyer at the right time can save you time, money,