When it comes to a property settlement, one of the first steps is to determine the parties property pool. Determining the property pool involves assessing the assets and liabilities of the parties…
One question we are often asked, particularly from those that have already been through the family law system, is 'how can I protect my assets from my new partner?' While…
It is not uncommon that upon separation, one party controls the majority of the matrimonial assets. In addition to this, it is not unusual for one party to earn significantly…
What happens to a business in a divorce? Any interest in a business or company can be considered property in a divorce or property settlement. It does not matter what…
When it comes to negotiating a property settlement, extra stress can arise when you have differing opinions about what should happen with the family home. Usually, one party wants to…
Why does an ex husband, wife or spouse delay a financial settlement? An ex may be motivated to delay a financial settlement for multiple reasons. Ex's may try to remain…
Interim hearings are hearings by a Judge that deal with discreet issues before a final hearing. The orders made at an interim hearing can last a long time, so you…
Premarital assets Is a house owned before marriage marital property? Marital property refers to property acquired during the course of a marriage. In contrast, there is also separate property, which…
Yes. You do not need to be divorced before obtaining a property settlement. Both securing a divorce and obtaining a property settlement are two separate matters, and you do not…
Adopting a child If you're considering adopting a child, you may wonder how this interplays with family law and your parenting rights. Each state and territory have their respective laws…
Getting a child returned from overseas If you wish to have your child returned from overseas, you are in good stead if the country they have gone to is a…
Can I take my child overseas? If your child is part of family law proceedings, then no, you can not take your child overseas without the other parent's consent. Following…
A surrogacy lawyer will help potential surrogates and parents navigate the legal minefield of surrogacy law. Surrogacy and Family Law While many people are familiar with IVF as an option…
You may have heard in American news or movies a term called 'Alimony'. Perhaps you have heard about how Britney Spears had to pay $40,000 per month to Keven Federline, her drunken…
Matters rarely reach a final hearing in court. Most cases resolve outside of the court by settlement or after Interim Orders have been made at an “Interim Hearing”. Interim hearings are…
Cudmore Legal Family Lawyers Brisbane is a family law firm based in Brisbane, Australia. We specialise in family law, divorce, separation, child living arrangements, property, parenting matters, spouse maintenance, property…
What is the difference between adult child maintenance and child support? People commonly use the terms "child maintenance" and "child support" interchangeably in Australia. There is, however, a distinct difference…
What is a child support agreement? A Child Support Agreement is an agreement between parents that sets agreed terms that they have reached in terms of child support. Child Support Agreements allow…
What Happens to Post-Separation Assets? Parties can build up significant assets after separation and should be aware of how those assets are treated in family law proceedings. Property that is…
You can apply for a divorce on your own without your former spouses consent, this is called a sole application for divorce. You might need to do a sole application…
People remain under the same roof for various reasons after separation. The reasons can be financial such as waiting for a home to sell or the inability to afford separate…
Getting a divorce in Australia is a national process. It is the same for all states in Australia. The steps vary between whether or note your a sole applicant or…
Is my ex de facto/wife/husband entitled to my superannuation? Yes your ex may be entitled to superannuation. In all Australian states (except Western Australia) superannuation is considered an asset in…
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.