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27/07/2016

What happens at Court? Part 3: Conclusion

In case you missed it, you can find Part 1 here and Part 2 here Your Day in Court – Part 3 – Court Conclusion With no further witnesses or additional evidence, your side of the case as the Applicant is finished. It is your former partner’s turn now in...

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25/07/2016

What happens at Court? Your day in Court Part 2

Part 2 of our 3 part series on – What Happens at Court? (read Part 1 here) Your Day in Court – Part 2 Your barrister informs the Court that there are some preliminary objections to some of the Affidavit material filed by your former partner. There is some legal...

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22/07/2016

Brexit: A traditional divorce or collaborative law?

The international news has been dominated recently about “Brexit”, namely the outcome of the referendum in the United Kingdom in favour of leaving the European Union by 52% to 48%. As someone who grew up in England and remains a British citizen, I’ve been paying particularly close attention, not simply...

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21/07/2016

What happens at Court? Day 1 of your Final Hearing

For the majority of our clients, they are able to reach a settlement without having to go to a final hearing. For those that do require the Court to make a decision, the process can be daunting. Today’s blog aims to give you an insight into what your first day at Court...

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18/07/2016

What’s it worth? Values in family law matters

In Family Law Property Settlements we are constantly having to find out the value of property owned by our clients. That property could be real estate, furniture, motor vehicles or many other less obvious items. For example, over the years I have had to obtain expert valuations of gun collections,...

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14/07/2016

Don’t wait 28 years! Divorce, property & time limits

We are sure we were not the only ones to read the article in The Australian titled ‘Aged Couple go to war over ownership of family home.’ If you did not get the chance to read it, here is the link. What interested us about the article, and the case...

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12/07/2016

Testamentary Trust Will for Asset Protection

Can a Will be drafted to protect the beneficiaries from a claim being made against the inheritance as part of a divorce? In a recent case of Singerson & Joans [2014] FamCAFC 238, parties were living with each other for some 15 years, having had two children, prior to separating...

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29/06/2016

Can I make a claim against an unfair Will ?

3 things to ask yourself Every Australian State and Territory has legislation which allows an eligible person to bring a Family Provision claim for provision or greater provision from an estate. Before you decide to make a claim, there are 3 things you should ask yourself: 1. Am I eligible...

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24/06/2016

Overseas Travel and Family Law

It is not uncommon for parents to want to take their children on holidays including overseas. Obviously, such holidays provide an opportunity for a child to be exposed to a different culture and a different way of life. In order take children overseas, parents need to organise passports and sometimes other travel...

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26/05/2016

“Can I keep my engagement ring?”

Who keeps the engagement rings after separation? The answer is, it depends… Part 2: What happens to the engagement ring after marriage and divorce? In the previous blog post, we looked at the law for what happens to the engagement ring for couples who get engaged, but then who call...

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19/05/2016

Who keeps the engagement ring after separation?

Family Law FAQ : Who keeps the engagement ring after separation? The answer – it depends. Part 1 – Calling off the engagement without a marriage If a couple separates after getting engaged, but do not actually get married or otherwise qualify for property settlement under the Family Law Act,...

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17/05/2016

Young Children and Overnight Care

Young Children and Overnight Care As a family lawyer, I frequently see separated parents wanting to know what parenting arrangements should be put in place for their very young children. For the purpose of this blog, when I say very young, children, I mean children between the ages of 0...

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