Adoption

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…

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Surrogacy Lawyers Brisbane

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…

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What is an Interim Hearing?

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…

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Best Family Lawyers in Brisbane

Cudmore Legal Family Lawyers Brisbane is a family law firm based in Brisbane. We are an exclusive family law firm helping clients in, divorce, separation, child living arrangements, property, parenting…

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How does the family court treat assets and debts incurred after separation?

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.

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How are loans and gifts considered in family law?

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.

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Should you finalise your financial separation sooner rather than later?

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.

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Can a binding financial agreement be overturned?

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.

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Are assets received post family law separation included in the property settlement?

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.

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How is family law reacting to COVID-19?

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.

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What to do when a parent takes a child without permission and won’t return them. Child Recovery Orders.

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.

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What am I entitled to in a divorce or separation in Australia?

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.

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Family Lawyers Brisbane Northside

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.

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Do Grandparents have rights in family law?

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.

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Sole Parental Responsibility

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.

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What are the best apps for separated parents?

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.

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Family Lawyers Brisbane Reviews

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…

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