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”.
When separating married couples use the phrase “getting a divorce” they usually mean resolving everything relating to their marriage – property division, care arrangements for the children, and a Divorce Order. In this article we outline what “getting a divorce” … Read More
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we answer some common questions about the process of dividing assets.
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
On 23 June 2011 the heritage-listed building adjacent to our offices in New Acton was significantly damaged by fire. Our thoughts and sympathies are with the Efkarpidis family and other business operators affected. Fortunately, due to the quick response of … Read More
Children may express strong views about who they want to live with, following separation. But how does a Court take these views into account?
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
We often describe divorce or separation as a relationship “break-up”. However, for parents at least, a relationship does not end at separation. Recognising the emotional impacts of separation is important, particularly for parents learning to parent children within two households … Read More
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we answer some common questions about the process of dividing assets.
Making appropriate parenting arrangements is the most important challenge faced by separating parents. The challenge is particularly difficult if the children concerned are babies or toddlers. What arrangements are developmentally appropriate for the “under 3s”? How should parenting arrangements be … 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
The festive season can be exhausting, especially when you feel obliged to divide yourself between family members and their respective houses. Children of separated parents can feel this too. For separated parents, the challenge for the season is to focus … Read More
Separated parents will usually share in making long-term decisions for the benefit of their children. One long term decision relates to where a child will attend school. If parents cannot agree about their child’s schooling or one parent wants to … 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
Australia is a party to the Hague Convention on Civil Aspects of International Child Abduction. The Convention aims to ensure that children who are wrongfully taken from, or retained in, another country are quickly returned.
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 Child Support Agency administers the Child Support Scheme to enable separated parents to financially support their children. The amount of child support payable is calculated by using a specific formula. However, in some circumstances, the Family Court can make … 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?
Under the Family Law Act, superannuation entitlements of separated spouses can be divided as part of a property settlement—this is called ‘superannuation splitting’. The Court can also divide the entitlements of eligible de facto couples.
As we approach the winter school holidays, some separated parents find themselves in conflict about what arrangements should be in place for their children over the holidays. Here, Dobinson Davey Clifford Simpson addresses some common questions.
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
If parents reach agreement about parenting matters for their children, it is important for any such agreement to be properly documented. Here, we discuss one way of documenting your parenting agreement: by entering into a Parenting Plan.
The ACT Assembly has recently passed laws legalising same sex civil unions. The Federal Government has proposed amendments to the legislation relating to same sex couples being able to hold official ceremonies to mark their civil unions.
Going through a separation can be a stressful and emotional process. There are a number of options available to you to help resolve your family law issue and it is important to choose the right process for you and your … Read More
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.
As we approach the end of the year, some separated parents may be in conflict about arrangements for their children over the Christmas holidays. Here, we look at ways to address this.
Major changes to many areas of the law have been made giving same sex couples the same rights as heterosexual couples.
Relationship breakdown is often acrimonious, with property settlement a contentious issue. The Family Law Act sets out a process for the division of assets for spouses and, since March 2009, for couples in a de facto relationship.
Confused about property settlement following the breakdown of your marriage/de facto relationship? Dobinson Davey Clifford Simpson answers some frequently asked questions.
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’.
When people separate or divorce, they’re often preoccupied with the division of their current assets—they forget about estate planning and protecting their future assets. Here, we discuss the importance of wills.
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
There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we answer some common questions about the process of dividing assets.
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.
The Government has recently announced it will invest over $100 million towards funding family relationship services, including post separation dispute resolution. The following options are available for parties trying to solve family law matters.
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.
Child support is a complex matter that can cause anxiety and impact negatively on parents and children. Major changes to the Child Support Scheme came into effect last year and affect everyone paying or receiving child support and, in some … Read More
If you and your spouse agree on a property settlement, it is important that this be properly documented, even if you have minimal or no assets when you separate.
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
Amendments have recently been made to the Family Law Act. The new reforms allow de facto couples to access federal family law Courts in relation to property and maintenance matters upon the breakdown of a de facto relationship. Dobinson Davey … Read More
If a parent wants to apply for a Court order relating to children’s matters arising from a parenting dispute, they generally need to obtain a certificate from a Family Dispute Resolution Practitioner. This certificate provides evidence that a genuine effort … Read More
The law requires parents to make a genuine effort to resolve disputes in relation to their child before resorting to the Courts. Here, Dobinson Davey Clifford Simpson outlines a process available to parents which gives their children a voice—child inclusive … Read More
Confused about property settlement following the breakdown of your marriage? Dobinson Davey Clifford Simpson, one of Canberra’s largest and experienced law firms answers your questions.
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.
Child support is often a bone of contention between parents. It can be a complex matter that can cause anxiety and impact negatively on parents and children. Major changes to the Child Support Scheme, designed for more fair and equitable … Read More