Family Law Court Proceedings: What happens when I go to Court?

Family Law

Despite your best intentions and efforts, making an application to Court may be the only way to deal with your family law dispute. While often alternative dispute resolution methods are preferable, it is important to remember that every family law matter is unique. Sometimes, there are parties who are best served by having judicial involvement to resolve the dispute, even if it is for the sole purpose of imposing a strict timetable to progress matters enforced by the Court.

What is spousal maintenance?

Family Law

Spousal maintenance refers to a sum of money paid periodically or as a lump sum by one person to the other in that situation. Periodic maintenance is ordered where an individual has a need for ongoing financial support, and is usually paid weekly or monthly. This differs to lump sum spousal maintenance orders, which can be made for medical, dental, insurance and other expenses as they arise, or in circumstances where making a periodic order may not be appropriate.

Do I need to go to Court to resolve my family law matter?

Family Law

You may be surprised to learn that the majority of Australians do not need to go to Court to obtain a property settlement or to formalise parenting arrangements following a separation. In fact, it is common for most family lawyers to work primarily with clients to resolve matters through methods outside of the Court system, in an effort to avoid the stress and expense of Court proceedings.

Financial Disclosure in Family Law

Family Law

When planning for a separation, friends and family sometimes might recommend tucking away some money in a secret bank account. Whilst it is never a bad idea to save money, the notion of secrecy will not hold up during family law negotiations. Failing to provide details can result in significant penalties and costs if a formalised agreement has been falsely declared. Read here for more details.

What is ‘Property’ according to the Family Law Act?

Family Law

Big ticket items such as the family home, cars and cash savings may be obvious – but what about the distribution from a trust? A prospective inheritance? Workers compensation for loss of future earnings? We list below what items may actually be subject to a Family Law claim in the event of a separation.

COVID-19: Guide for parenting during a pandemic (Vic)

Family Law

COVID-19

Shared parenting can be difficult at the best of times, when adding in the stress and uncertainty of the current COVID-19 situation, it is easy to feel completely overwhelmed. We have prepared a guide below for separated parents to alleviate the stress and uncertainty of parenting during the coronavirus pandemic.

Divorce 101: A quick guide to divorce

Family Law

The word “divorce” is often used interchangeably with “separation”. This is somewhat a misnomer as the words are not synonymous with one another. While the process of separation involves a wide range of both emotional and legal issues, the least of which will include making parenting arrangements for children and dividing your assets, divorce is its own separate and discrete process for ending the legal marriage.

How to tell your kids that you are getting a divorce

Family Law

Nothing about divorce is easy, but perhaps the hardest part is communicating the life-changing event to your kids. Naturally, the break-up of parents has the potential to adversely affect a child at any age, however, if handled correctly, there is no reason for the child-parent relationship to suffer in the way the relationship between you and your former partner has.

Changes to the Family Court as a result of COVID-19

Family Law

COVID-19

As the world around us continues to change, our Family Law system is making every endeavour to adapt to ensure that it continues to be accessible to those in need of judicial assistance during the coronavirus pandemic. Chief Justice Will Alstergren has implemented a number of changes to the operation of both the Federal Circuit Court and the Family Court of Australia, including most recently the implementation the COVID-19 list, established exclusively to deal with urgent parenting disputes related to the pandemic.

Discrete Property List in the Federal Circuit Court

Family Law

The Federal Circuit Court of Australia has improved the process for dealing with disputes that only involve property, where the value is less than $500,000.00. To that end, the Court has released its second Practice Direction of 2020, which sets out new guiding management principles for cases that meet the definition of a “Priority Property Pool under $500,000 Case” (PPP500).

What can I do if my former partner is breaching parenting orders?

Family Law

In an ideal world, parenting orders and final court orders would be a fixed endpoint to what is often a long, gruelling process. Unfortunately, sometimes this is not always the case, with problems continuing to arise from parents not abiding by the final orders granted. So, what action can you take if your former partner is breaching these orders? The first thing to be aware of is that when someone breaches a court order, this is known as a contravention, and is an offence punishable by the court.

What am I entitled to in a de facto relationship?

Family Law

You don’t need to be married to be afforded property rights under the Family Law Act, which recognises the rights of de facto partners/relationships in the unfortunate event of a separation. There are, however, requirements to be classified as a ‘de facto partner’ or part of a ‘de facto relationship’.