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).
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.
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’.
Separations are challenging enough, let alone calling off an engagement. One of the difficult questions this raises is: who gets the engagement ring after a break up? As is commonly the case when it comes to the division of property in a separation, former partners do not always see eye-to-eye, and engagement rings are no exception. Inevitably, when common ground cannot be reached, the law will step in.
Many people consider their family pet to be an invaluable part of their family and so often view their pets in the same way that they view their children. For this reason, it may come as a surprise that pets are, in fact, treated very differently to children under the Family Law Act 1975.
Every relationship is different, and relationships end at different points in time: some may last decades, while others may only last a few years. The Courts employ a standard four-step process for every property division following the end of a relationship. However, this standard approach does not necessarily mean that a thirty year marriage will be treated the same way as a three year relationship, whether married or de facto.
The Family Court of Australia and the Federal Circuit Court of Australia have recently released their updated Family Violence Plan. The new plan builds on the 2014-16 plan to further address increasing issues surrounding family violence in Australia, particularly for those who are involved in family law litigation. Changes and refinements have been made concerning information on how Courts continue to decrease family violence, and the processes of dealing with the issue at hand.
In December 2017, the Australian Federal Parliament made the long overdue decision to pass a law legalising same sex marriage across Australia. Same sex couples are now able to legally get married, but what else are they entitled to?
Disputed family law proceedings, like many legal issues, can involve a lot of costs, leading to the question: how can I reduce legal fees in family law matters? There are certainly some tips and tricks that you can be aware of which may help reduce your legal fees in family law matters.We understand how family law proceedings can often feel like a lose-lose situation. This is particularly the case with property divisions, where it can feel like you need to ‘spend your money to get your money’. In situations as stressful and life changing as relationship break-downs, the last thing you want to worry about is bill shock when it comes to legal fees.
We are often asked, "Do grandparents have rights to see their grandchildren?" To answer this, it must first be acknowledged that children and/or grandchildren have the right to know and spend time with their family, whether they are immediate or extended family members. It's often thought that parents have rights or, in this instance, that grandparents have rights in family law. However, when it comes to children, it is the carers who have responsibility to maintain the well-being of the children, and as mentioned above, the children themselves have the rights. Ultimately, a grandparent's ability to spend time with their grandchildren will depend on the circumstances of each individual case, and particularly whether it is in the best interests of the children.
Often in relationships, one partner will earn a significantly higher income than the other, or will have built up a sizeable investment portfolio due to their financial acumen. Sometimes this is referred to as that partner having special or extraordinary skills or contributions, which can lead to that partner offering greater financial contributions within a relationship.
Family Dispute Resolution is a form of mediation in the family law context that is utilised as a means to resolve disputes. Generally, you should attempt some form of mediation prior to engaging in the stressful and expensive process of going to Court. Family Dispute Resolution can be accessed through organisations such as the Family Relationship Centre.
