When a separation or divorce is being considered, a common question often arises of whether parties can keep assets in joint names, even after finalising their family law property settlement. In this blog, we explore the risks of retaining joint assets after separation or divorce.
Even the most amicable of family law matters can take a significant period to be finalised by way of Court Orders. A common question we are asked is, "How do I pay my expenses and legal fees until the completion of my matter?" One option may be to apply for partial property settlement.
Factors such as the child's maturity or level of understanding will inform the Family Court as to the weight, if any, it should give to the views of the child. Sometimes, a child's views will carry a significant amount of weight, and in other cases the child's views are given no weight at all.
An Independent Children's Lawyer is appointed by the Court to represent and promote the best interests of a child in family law proceedings. The ICL plays a crucial role in parenting disputes but must act independently of the Court and the parties.
On 19 October 2023, the Australian Parliament passed two significant pieces of legislation in an attempt to reform Australia’s family law system. These two pieces of legislation have been designed to make Australia’s family law system simpler, safer and more accessible.
It’s important for separated couples to be very careful with what they post on social media platforms like Facebook, Instagram, Twitter, Threads and Tik Tok, when engaged in family law proceedings like divorce, property settlement and parenting negotiations.
Many separated parents will be able to amicably make parenting arrangements for the Christmas period but some parents will be unable to reach agreement. For those parents, it’s important to know that any court applications to deal with parenting arrangements at Christmas must be filed by 4.00 pm on the second Friday in November in each year.
An annulment of a marriage is not the same as a divorce. Annulment of your marriage is a legal declaration that there was no legal marriage between the parties even though a marriage ceremony may have taken place.
Parties to family law proceedings may consider lodging a caveat on property not in their name, however, this is not a straightforward process. There are complex criteria which must be met before anyone can lodge a caveat on property, including after separation or divorce.
A Contravention Application is an application made to the Federal Circuit and Family Court of Australia seeking the Court's remedy where there has been a breach of Court Orders in a substantial or significant way.