News & Articles
Our Top 7 must-do’s for co-parenting with an ex over Christmas
Christmas is stressful enough without having to second-guess what your ex-partner’s plan is. Take a look at our Top 7 must-do’s below to make sure you’re on the front foot with parenting arrangements. 1. Stay child-focused Christmas should be about the children. Consider whether it’s really best for the children to make long trips on
Can I make my husband/wife leave the family home now that we’re separated?
This is a very common question asked by parties following a separation. It can be incredibly unpleasant to have to continue to live with an ex-partner until financial settlement is achieved. Unfortunately, it is also incredibly difficult to force an ex-partner to leave the family home. The court is of the opinion that it is
Are Secret Recordings Admissible as Evidence?
A Case Looking at Secret Recordings Made in Parenting Matters Coulter & Coulter (No. 2) [2019] FCCA There are numerous circumstances in which parents may be tempted to record meetings or my find they are in possession of recordings. Whether or not these recordings will be able to be used as evidence in court proceedings
Gender Dysphoria – Is Court Approval Required for Medical Treatment of Minors?
A Recent Case Looking at Secret Recordings Made in Parenting Matters Coulter & Coulter (No. 2) [2019] FCCA What is Gender Dysphoria? The Gender Dysphoria symptoms are as follows: Noticeable incongruence between the gender the child experiences and their classified gender assignment; An intense need to do away with their primary or secondary sex features
Separating? The best way to protect yourself, your children and your money.
Whether you have been planning a separation for some time, or you have been taken completely by surprise, separation can involve harsh realities and unwelcome changes for all involved. In the early stages you may feel isolated, grief-stricken and unable to make plans, however, it is essential to get organised and take control to protect
From Donor to Daddy
When is a sperm donor considered the legal father? High Court decides. Masson v Parsons [HCA] 21 The Facts In 2006 Mr Masson, donated his semen to a friend and a baby was born as result of artificial insemination. At the time of the donation Mr Masson’s intention was that he would be involved in
Borrowing from the Bank of ‘Mum & Dad’: Lessons for Baby Boomers providing early inheritances or other financial assistance and the impact of the Family Law Act for Estate Planning: Loans vs Gifts.
The statistic isn’t a new one. Baby Boomers make up 25% of the nation’s population and yet control approximately 50% of private wealth. We are constantly being told that this generation continues to increase their wealth to the detriment of their children and grandchildren; however, this can place baby boomers in a unique position where
Who gets the ring when an engagement ends?
The shine and sparkle from the engagement is gone, but the ring is here to stay. Who gets the ring when an engagement ends? While the ring is sometimes the most expensive item to purchase for a wedding, it usually only holds sentimental value in property settlements. So, who gets the ring?? Well it depends.
Former Spouses & Family Feuds: What happens when you die without a Will.
These days everyone seems to be affected by family breakdown in some way or another. With families becoming increasingly complex everyone should have a Will – even the young and invincible! Have you ever considered in whose hands your hard-earned wealth will end up if you die without a Will? In New South Wales the
Spousal Maintenance and Interim Property Settlements: How You Can Get Your Independence Sooner.
When you make the decision to separate from your partner, the last thing that you want to have to worry about is money. Unfortunately for many individuals the time surrounding separation can cause significant financial stress, particularly when one party to the relationship has traditionally taken on the role of parent and homemaker whilst the
My ex-partner’s income is much larger than mine; how can I get back on my feet?
As Family Lawyers, it’s not uncommon for us to meet with clients who earn a lot less than their former partner. Often one party has sacrificed their career in order to raise a family and as a result their capacity to earn a higher income has been limited. The Family Law Act recognises that this
Family Law and Financial Advisors
When separating clients come to me, the first and foremost thing on their mind is typically their future and current financial certainty. That is what Financial Advisors endeavour to give their clients every day. And this is a task that Family Lawyers are unable to do. When clients have experienced Financial Advisors assisting them it
Is my Ex entitled to my financial documents?
The exchange of financial information and documents is a standard first step in most matters as it allows a Balance Sheet to be drawn up and for the parties and their lawyers to establish what is available for division in the family law matter. The exchange of documents ensures that each party is aware of
Why I will never tell you an “informal property agreement is the way to go…”
We understand that you may not want to rock the boat. You have finally reached an agreement. You’re happy, your ex partner is happy, you just want to keep it amicable and move on. Here is why you should consider rocking the boat. Informal Property Settlements NOT Binding The Family Court Rules provides that any
What to do if your ex won’t move out.
“Our relationship has ended but my ex-partner won’t move out of the house that we own [or rent].” When a relationship is over one of the hardest decisions will be who leaves. Both you and your spouse or ex-partner are entitled to live in your home after separation regardless of whose name is on the
Family Law Mediation. What happens if I say No?
Family Law Mediation is also called Family Dispute Resolution (“FDR“) and is the first step in parenting proceedings in most parenting matters. Before commencing Court action, a party must provide a Certificate from an accredited Family Dispute Resolution Practitioner to say that the parties have made a genuine attempt at mediation. There are some exceptions