Family Law

Family Law 24/10/2018 by Linsey Wilson

Borrowing from the Bank of ‘Mum & Dad’: Lessons for Baby Boomers providing early inheritances or other financial assistance and the impact of the Family Law Act for Estate Planning: Loans vs Gifts.

The statistic isn’t a new one. Baby Boomers make up 25% of the nation’s population and yet control approximately 50% of private wealth. We are constantly being told that this generation continues to increase their wealth to the detriment of their children and grandchildren; however, this can place baby boomers in a unique position where […]

Family Law 23/09/2018 by Natasha Smith

Who gets the ring when an engagement ends?

The shine and sparkle from the engagement is gone, but the ring is here to stay. Who gets the ring when an engagement ends? While the ring is sometimes the most expensive item to purchase for a wedding, it usually only holds sentimental value in property settlements. So, who gets the ring?? Well it depends. […]

Family Law 25/05/2018 by Linsey Wilson

Spousal Maintenance and Interim Property Settlements: How You Can Get Your Independence Sooner.

When you make the decision to separate from your partner, the last thing that you want to have to worry about is money. Unfortunately for many individuals the time surrounding separation can cause significant financial stress, particularly when one party to the relationship has traditionally taken on the role of parent and homemaker whilst the […]

Family Law 27/04/2018 by Linsey Wilson

My ex-partner’s income is much larger than mine; how can I get back on my feet?

As Family Lawyers, it’s not uncommon for us to meet with clients who earn a lot less than their former partner. Often one party has sacrificed their career in order to raise a family and as a result their capacity to earn a higher income has been limited. The Family Law Act recognises that this […]

Family Law 24/07/2017 by Natasha Smith

Why I will never tell you an “informal property agreement is the way to go…”

We understand that you may not want to rock the boat.  You have finally reached an agreement. You’re happy, your ex partner is happy, you just want to keep it amicable and move on. Here is why you should consider rocking the boat Informal Property Settlements NOT Binding The Family Court Rules provides that any […]

Family Law 19/07/2017 by Natasha Smith

What to do if your ex won’t move out.

“Our relationship has ended but my ex-partner won’t move out of the house that we own [or rent].” When a relationship is over one of the hardest decisions will be who leaves. Both you and your spouse or ex-partner are entitled to live in your home after separation regardless of whose name is on the […]

Family Law 24/07/2017 by Natasha Smith

Is my Ex entitled to my financial documents?

The exchange of financial information and documents is a standard first step in most matters as it allows a Balance Sheet to be drawn up and for the parties and their lawyers to establish what is available for division in the family law matter. The exchange of documents ensures that each party is aware of […]

Family Law 24/07/2017 by Natasha Smith

Family Law and Financial Advisors

When separating clients come to me, the first and foremost thing on their mind is typically their future and current financial certainty. That is what Financial Advisors endeavour to give their clients every day. And this is a task that Family Lawyers are unable to do. When clients have experienced Financial Advisors assisting them it […]

Family Law 18/07/2017 by Natasha Smith

Family Law Mediation. What happens if I say No?

Family Law Mediation is also called Family Dispute Resolution (“FDR“) and is the first step in parenting proceedings in most parenting matters. Before commencing Court action, a party must provide a Certificate from an accredited Family Dispute Resolution Practitioner to say that the parties have made a genuine attempt at mediation. There are some exceptions […]

Family Law 13/07/2017 by Natasha Smith

Cyber safety and domestic violence: Tips for staying safe online

Recently there has been a lot of press and coverage regarding Snapchat’s most recent upgrade which has a map/location function. And quite frankly it terrifies me. You may not be aware but many of the apps on your phone have a location tool, which can be great when you need to know which restaurant is […]

Family Law 13/07/2017 by Natasha Smith

I want to move my child away from my ex partner, can I?

There are several issues that need to be considered, so unfortunately there is no clear cut yes or no answer. Basically it depends… Unless there is an Order for sole Parental Responsibility you are required to agree on issues which effect the long term well being of your children with the other parent. This includes […]

Family Law 3/12/2013 by Anna Roberts

What is a Binding Financial Agreement?

A Binding Financial Agreement is an agreement entered into before, during or after a relationship. If a Binding Financial Agreement exists the Court will not have the power to make an order affecting the matters covered by the agreement. As a result, a Binding Financial Agreement will only be binding if it includes proper financial […]