The latest Doyle’s Guide to the Australian Legal Profession for Family Law was released in June 2020. DDCS Lawyers has again been recognised as a Leading Firm in the 2020 Doyle’s Guide Awards for Family Law in ACT. Doyle’s Guide … Read More
The Family Court of Australia has experienced a 39% increase in urgent applications since COVID-19. It is well documented that the Court is already stretched in terms of its resources however yesterday the Chief Justice, in his new practice direction, … Read More
In most family law and estate litigation disputes, the parties are required to attend mediation to attempt to resolve their dispute. This article describes what is involved and addresses the most commonly asked questions about mediation. What is mediation? Mediation … Read More
When you are the high-income earner in a relationship that is breaking down, a common question is ‘What expenses do I have to continue paying?’ and ‘Will I have enough money to continue to pay for everything?’ On the other … Read More
Imagine discovering that you do not have control about who your superannuation will go to upon your passing, even though you have documented your wishes in a will. A nasty surprise and it is occurring more than you might think. … Read More
For most separating parents their primary concerns include their children’s wellbeing and fear about the legal process. Consequently, the first few questions I am usually asked are these: “How do I tell the kids we’re separating?” “I don’t want to … Read More
Christmas time can bring great joy but for separated families, it can also bring significant challenges. For those of you who are experiencing your first Christmas as a separated family, this holiday season may look very different from last year. … Read More
Should I be concerned about having to go to Court to finalise parenting arrangements? There is significant misinformation in mainstream media about “the family law system” and what happens if people end up in court – especially with the backdrop … Read More
For our wills and estates team, receiving eight Doyle’s Guide Awards is a wonderful reward, mostly because the awards are voted on by members of the legal profession and external professionals such as accountants and financial planners who see the … Read More
Many grandparents play an integral role in the lives of their grandchildren, spending time with them and developing a unique relationship. But in the case of separation or family breakdown, this relationship can be affected. This might happen where the … Read More
Sometimes I meet a person who happily tells me that they have “sorted” their property settlement with their ex, informally, “just between us”. No paperwork, no orders, no lawyers. “We just did what we agreed”. That might sound pretty good … Read More
Interviews by Family Court Judges are not common and understandably, due to the nature of the job and in no small part. They work in a field where public policy and legislation exist specifically to protect the identification of those … Read More
For people in same sex relationships, pondering the possibilities of parenthood, there are a number of options available to them in their quest to have a child. None of them is necessarily straightforward or without some legal risk and or … Read More
When people go through a separation/divorce, they are often preoccupied with dealing with the division of their current assets and do not focus on future asset protection/estate planning. This can cause future distress, not only for the individual person but … Read More
The breakdown of a relationship and changes to families are stressful for parents and children. These experiences are even more acute and distressing when a parent is told that the children will not spend time with them.
Confused about requirements for getting divorced? Dobinson Davey Clifford Simpson, one of Canberra’s largest and most experienced family law firms, answers questions about divorce.
The Attorney-General recently released three Reports on family law. The “Family Courts Violence Review” makes recommendations for changes to the Family Law Act, while the other Reports agree that the family law system needs to respond more effectively to allegations … Read More
For many people, updating their Facebook page, sending a tweet or keeping their blogs fresh are easy ways to stay in touch and keep others informed. In the context of a Family Law matter however, extra care should be exercised.
Court proceedings can be lengthy. While waiting for the final outcome, money and property may be tied up when you need it most. What can be done? It is possible to apply to the Court during property settlement proceedings for … Read More
Common questions about wills after a separation. Should I review my will when we separate? Yes, you should consider making a new will as soon as possible after you separate to ensure your estate passes in accordance with your wishes. … Read More
Common questions about civil partnerships. What is a civil partnership? A civil partnership is a domestic relationship between two adults regardless of their sex. You cannot be married or related to the person with whom you share a civil partnership.
Common questions about getting divorced. When can I apply for a divorce? Once you and your spouse have been separated for at least 12 months.
We often perceive family lawyers as lawyers out to “fight to the death” for their clients, draining their client’s precious funds along the way and leading to ugly battles in Court. But as the Federal Government has focussed its attention … Read More
Support of adult “children” There are some circumstances where the Family Law Courts have the power to make Orders for maintenance for “children” over the age of eighteen. This is sometimes referred to as “adult child maintenance”.
Some separating couples discover that whilst they do not want to live together, it is not financially viable for them to live apart. In this column we address some common questions about separation in these circumstances.
Experiencing a separation or divorce can be one of the most stressful periods in your life. Finding a family lawyer who is the right “fit” for you is an important step in guiding you towards a resolution of your matter.
Most separated parents who cannot agree about the care arrangements for their children are required to attend family dispute resolution, before seeking a resolution through the Courts. Here are some tips to help you make the most of your mediation … Read More
Scenario: You and your former partner have separated. You have agreed how you will split your assets. You don’t think it is worth getting lawyers involved to “legalise” your agreement. Here are three very good reasons why you should.
Couples who reach agreement about the financial matters between them can enter into a Financial Agreement to protect their assets. A Financial Agreement can be entered into at any stage of a relationship – either before getting married or moving … Read More
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we talk about how the Family Law Act deals with dividing assets of separated couples (also called a “property settlement”).
Reaching an early agreement about the division of your property following a separation can save time, stress and money. Both parties are required to make an effort to explore options for settlement prior to going to Court.
A person can apply to the Child Support Agency for an assessment of child support payable by a natural or adoptive parent of a child. The Agency must be satisfied that a person assessed to pay child support for a … Read More
Today’s advancements in assisted reproductive technology (including IVF treatment) have led to varied family structures, including children being born to same sex couples. As a result, diverse families are increasingly coming before the Family Court. Here, we look at how … Read More
Separated parents will usually share in making long-term decisions for the benefit of their children, such as where they will go to school. Where parents cannot agree or one parent wants to change a child’s school without the other’s consent, … Read More
Generally, parents who cannot reach agreement about financial support for their children apply to the Child Support Agency for an administrative assessment. The Agency calculates the assessment using a specific formula. If you receive or pay child support and you … Read More
Where one parent lives and works overseas and the other parent lives in Australia with the children, the rules about collecting child support vary and depend on whether the other country is a “reciprocal” jurisdiction. Here we discuss some aspects … Read More
The Commonwealth Attorney-General’s Department convened the second Family Law System Conference in Canberra on 20-21 July. Here, we discuss some key research raised at the conference and how to access it.
Couples in a de facto relationship can access the Family Law Courts for assistance in resolving their financial matters following separation in the same way that married couples can. But what is a de facto relationship?
If you and your spouse/partner agree on a property settlement, it is important that this be properly documented, even if you have minimal or no assets.
The Federal Magistrates Court recently announced changes to the document which is issued after a divorce is granted. The changes were needed to address difficulties encountered by parties using existing Divorce Certificates in overseas jurisdictions. The Court will now issue … Read More
Parents often attach great emotional significance to the surname their offspring use after separation. It is not uncommon for a parent to want to change their child’s surname or to prevent the other parent from using a different surname for … Read More
Parents often attach great emotional significance to the surname their offspring use after separation. It is not uncommon for a parent to want to change their child’s surname or to prevent the other parent from using a different surname for … Read More
Legislation has been recently passed to address discrimination against same sex couples. Here, we discuss amendments to the Family Law Act reforming parentage laws for lesbian couples, where a child was conceived through an assisted conception procedure.
When spouses separate, it is not always financially viable for them to live apart. Some continue ‘living together’. Here we talk about being ‘separated under the one roof’.
Following a separation, one parent may wish to move to another state, town or country with their child to be closer to family or for employment or other reasons. In family law this is known as ‘relocation’.
The Government has recently announced it will invest more than $100 million towards funding family relationship services including post separation dispute resolution processes. Below are some options available for parties when trying to reach agreement about their family law matter.
Child support is a complex matter often causing anxiety and upset for those involved. Last year’s major changes to the Child Support Scheme affect everyone paying or receiving child support.
Dobinson Davey Clifford Simpson have recently been involved in assisting clients lobby the government for changes to the existing adoption laws in the ACT. Amendments to the ACT Adoption Act have now been passed which deal with the highly sensitive … Read More
Since 19 May 2008 couples in the ACT have had the option of registering their relationship with the Office of Regulatory Services as a civil partnership. Here Dobinson Davey Clifford Simpson set out the fundamentals about civil partnerships.