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The family court uses what we call a 4 (or 5) step approach to determine who gets what in divorce or separation. Most commonly people end up with 60/40 or even 70/30. Rarely they get half.
The Family Court considers debts as genuine if they are for proper purposes. A good purpose might be to move out of the house or to pay for maintenance on an existing asset. If the debt is for gambling or another activity, then that debt is seen to be dissipating the asset pool. If a party wastes the asset pool after separation, then a lawyer might make what they call a 'wastage' argument.
If something is a loan, then it will need to be paid back out of the property pool, whereas the property pool will include gifts. Disputes often arise as to whether an asset or money is a loan or a gift, and then if it is a gift whether or not it is a joint or sole gift. If it is a joint gift, it is a joint contribution; if it is a gift to one person, it is considered a sole contribution.
It is no secret those that come out of family law unscathed are those that reached a mutual agreement and formally documented that agreement early. Many separating couples are amicable at some point and agree on things without lawyers. However, it's at that exact point separating couples need to inject some law into the agreement and formalise it.
Yes, a Binding Financial Agreement can get overturned for various reasons. These reasons include duress, improper execution, change of circumstances (you should review your binding financial agreement often); in fact; almost anything can overturn a binding financial agreement.
Family law property settlements are not calculated on the date of separation but at the date of final orders or agreements. That means assets can be included in the property pool even if they get obtained post-separation. It depends on the type of asset as to whether it gets included in the property asset pool.
The recent pandemic COVID-19 will have an impact across all facets of Australian society, including participants and solicitors in Family Law and domestic violence matters. The level of the effect, however, varies and ranges from minimal impact where parties have already sought Consent Orders, made an application for divorce or are not in Court, to a higher level of impact for those who have recently commenced proceedings before the Court.
You have many options when a child isn't to your care. You have these options regardless of whether you have existing parenting orders or not. You can talk to the other parent, have someone else speak to them, or you can apply to the Court to have the child returned to you.
You are entitled to whatever is fair. It varies relationship to relationship as to what the Court considers fair. When determining what is fair, the Court considers your initial contributions, your contributions throughout the relationship and your future needs.
We have many Brisbane Northside locations. Our Brisbane North family law firm perfectly understands the family struggles people go through. To most, the emotional stress is unbearable. It's for this reason that we do whatever we can to minimise the legal process's uncertainty and stress.
Generally, the Family Law Act encourages people to manage conflicts among themselves and to use legal processes as a matter of the last resort. Grandparent rights aren't necessarily are thing nor are parenting rights. The only rights in family law are the rights of children to have what is in their best interest. However, it is possible in some cases for grandparents to make applications to the Court for parenting arrangements.
It is useful to use a checklist, particularly when you're in a heightened state of emotion.
Sole parental responsibility usually goes hand in hand; however, they are not the same thing. Sole parental responsibility means to be entirely responsible for the long-term decisions of the children. Sole parental responsibility is having exclusive control over what religion the child is, what medical treatment they accept, what school they will go to, what diet they will have. It means absolute 100% responsibility for all significant life long decisions until the children attain the age of eighteen (18) years.
For harmonious and healthy co-parenting, separated or divorced couples need to communicate effectively for the sake of their children, before their relationship reaches a comfortable balance, they must figure out a way to get in touch with each other in a way that doesn't affect the calmness and stability of their children. The management of multiple daily schedules poses a challenge for parents who do not live together. At times, even the most polite and peaceful separated parents may find it hard to manage their time when it comes to staying updated about their children's needs and schedules.
Fixed fee or fixed price divorce lawyers offer services at a fixed rate no matter how long the legal service takes. Most divorce or family lawyers charge by an hourly…
Cudmore Legal has a large number of independent reviews of our family lawyers. We've included some of them here See more reviews on Cudmore Legal Family Lawyers Brisbane Google Page…
A child in Australia is unable to depart Australia without having the consent of both parents or those who have parental responsibility. To prevent the unauthorised removal of a child from Australia, a parent can apply to the Court for an order called an airport watch list order.
We are pleased to be awarded the Best Boutique Brisbane Family Law Firm at the 2019 5th Annual APAC Legal Awards. APAC is an independent body focused on recognising greatness…
If you’re looking for a child support lawyer, Cudmore Legal can help you. What is child support? Child support is a payment that one parent can pay to another parent…
You have a strict time limit of 12 months from that date of your divorce order to make an application to the Court for a property settlement. In de facto, you have two years to apply to the Court for a property settlement.
There is no simple, straight answer that anyone can give you; and if someone has given you a flat age, they either do not understand the complexity of this issue or have decided not to share those complexities with you.
Mediation is a form of ADR (amicable / alternative dispute resolution) which, for parenting matters, is a compulsory step you must take before you can file proceedings (unless your matter…
If you are not happy with the time you are spending with your children you may need to make a change to the current arrangements. Step 1: Speak with the…
Family orders, either for parenting matters or property settlement, can be quite complex. What happens if you or your ex-partner fail to comply with the orders? If the orders are…
It is a common sentiment that fathers have historically had a tough time gaining child custody. "Father’s custody rights" is a concept that wasn't widely discussed or considered in most…
It depends on numerous factors as to whether a mother or a father will get to spend time with a child if there is a history of domestic violence. These factors rely on one question, is it in the best interest of the child to allow custody or visitation to the parent who committed the act of domestic violence, if it is in the best interests of the child than that parent will be allowed custody when the Court sees fit.
Our standard consent order package is for couples who have agreed on the division of the assets. Call us now on (07) 3317 8346 for a reasonable and affordable fixed…
Getting married ‘legally’ is a little more involved than you may originally think. Unfortunately, most people believe that once the celebrant, officiant or priest says the words “I now pronounce…
Write down your story and provide it to your lawyer before meeting them. This can save significant time and allows the lawyer to get to the main legal issues faster.…
Having a valid Will is essential to your estate planning, without it you die intestate which is exactly what you want to try and avoid. What is the importance of 'valid'…
All parties involved in a family law dispute are required to provide to each party and the Court all information which is relevant to an issue in the case. If your case involves financial issues, then in addition to general disclosure requirements, you are required to provide full and frank disclosure. If your case relates to parenting matters, then you are under an obligation to provide each party involved in the case, all documents that may be relevant.
Disputes after relationships end are uncomfortable but are a regular part of the separation process. If you have previously done some research on Alternative Dispute Resolution, you may have noticed that there are a lot of different types of Alternative Dispute Resolution.
The cost of a will can vary depending on how you wish to make your will. A Will kit is under $100, a Simple Will with a solicitor or lawyer can be from $500 - $800 (including an enduring power of attorney). A wider estate plan may be from $1000 depending on your needs.
Virtually all property you’ve accumulated during your marriage should be included for division between the parties. We can help you gather everything you need. To make sure you get what you are entitled to the first step is to know what’s really in the property pool. To do this you need to gather any documents related to your assets or liabilities.
Depending on the size of the asset pool and your ex's cooperation, a judge working out how property gets split is usually not going to be an excellent outcome for either party. The best result is by a negotiated settlement with the assistance of an experienced family lawyer, and this avoids the cost and uncertainty of court orders.
Going through a divorce is likely going to be the most difficult time of your life. Divorce doesn't need to be the most expensive or emotionally draining thing you do if you approach it right. You don't want your divorce costing more than your wedding, and while the loss of a relationship is akin to the death of a loved one, there is tactics that can help lessen the blow both emotionally and financially.
If mediation fails, it can be extremely frustrating. In the rare case that mediation fails, there are still alternatives before you go to Court. Often working out why mediation fails will allow you to negotiate without going to Court.
Whether or not mediation is suitable depends on your unique situation. You are required to mediate in parenting matters unless you can get an exemption. An exemption gets granted under particular circumstances like domestic violence.
In disputes over custody, sometimes the central issue in dispute can be a particular child's health concern. Often, the child's primary carer has been responsible for seeing specialists, dealing with the treatment for the health condition and administering medication. While one parent might have intimate knowledge of a particular state, the other parent might not be so knowledgeable.