To file for divorce in Australia, your marriage must have broken down irretrievably. While you can enter into final orders about the division of property and determine parenting arrangements at any time from the date of separation, you must have … Read More
If you have made the decision to separate from your partner, we know as family lawyers that this can be quite an emotional time for all involved. If you have not had a need to see a solicitor before, you … Read More
When a couple separates, it is not uncommon for one of them to initially resist participating in settlement negotiations. It may be because one person is not emotionally ready to face moving on. However, it may be that one of … Read More
For most people the summer holiday season is a time to reflect on the past year as well as planning for the next. For some people reflection results in the difficult decision to end their relationship. Consequently, family lawyers usually … Read More
One of the most important considerations for separating parents is ensuring that the care arrangements optimises the welfare and stability of their children and their relationship with both parents continues. For all of the family the separation is a stressful … Read More
How to find a divorce lawyer – 5 tips to find the right representation for you Going through a separation can be an emotional and worrying time. While the process has its challenges, finding the right divorce lawyer for your … 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
The global COVID-19 pandemic is creating significant stress for many families who are juggling new work from home arrangements, altered child care and schooling arrangements and uncertain financial times. Children are facing disruption in their daily lives as their parents … 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
By Chloe Curran As seen in the December 2016 edition of B2B Magazine Have you recently separated from your partner? Have you formalised your property settlement by way of a Consent Order or Financial Agreement? This article explains why you should … Read More
By Carrie Gan If you follow celebrity news, you’ll have heard about Amber Heard’s separation from Johnny Depp. If not, here’s a summary: Heard “filed for divorce” alleging Depp was physically violent towards her. She alleges Depp threw a magnum-sized … Read More
The Federal Circuit Court of Australia has recently announced a number of changes to their Rules. Of particular interest to family lawyers are the following: 1. Amendment to the Rules to make it explicit that the Court can make Orders … Read More
This helpful tutorial deals with the important topic of the service (delivery) of divorce applications. It sets out the steps you need to take when serving divorce documents on your spouse, both inside and outside of Australia. Getting a divorce … Read More
In a recent speech to the Women’s Super Summit, the ATO Assistant Commissioner, Megan Young spoke of the importance of Australian women thinking about and being interested in their superannuation. The fact that women’s super account balances are, generally, significantly … Read More
This might seem like a silly question since those of us who have experienced a relationship breakdown can identify a point in time when the relationship ended. It might have been when you fell out of love, after a big … Read More
A recent decision of the Full Court of the Family Court has cast a shadow over the idea that the special skill or contributions of a spouse entitles them to a greater share of relationship wealth. This idea is known … Read More
Uncertainty relating to how inherited assets will be treated in property settlement proceedings under the Family Law Act is a cause for much anxiety. Emotional attachment to a family farm or a home that has been “in the family” for … Read More
A recent case decided by the Family Court in Sydney is a timely reminder for separating couples to formalise financial and property matters after separation. In this case, the wife won $6 million on lotto six months after separation from … 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
This week the Daily Telegraph, commenting on a survey undertaken by Suncorp, reported that of Australia’s 84,000 divorces, 86% failed to include the parties’ superannuation interests in the division of assets. Given the statistics regarding women already suffering from a … Read More
It can be an overwhelming experience when you decide to confront the domestic violence in your life, and it is with this in mind that this article is written; to provide you with an outline of the process involved. If … Read More
With confronting photographs splashed across the media, continuing news headlines and persistent tabloid covers, celebrity chef Nigella Lawson has unwittingly become the public face of domestic violence. Images depicting Lawson’s husband, advertising bigwig Charles Saatchi, with his hands around Lawson’s … 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
Chair of the Family Law Council of Australia, Mr Rick O’Brien recently announced a national audit of family violence training to identify best practice. The Law Council’s Family Law Section has undertaken a range of training and practice development initiatives over … Read More
Rupert Murdoch’s power and influence will forever mean that his life and the happenings within his family are always in the media spotlight. Unfortunately for Murdoch, the last several weeks has seen both newspapers and blogs run with the story … 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.
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.
When last did you review your will, insurance or superannuation fund? The reality is many do not think twice about these important issues after a separation or divorce. Dobinson Davey Clifford Simpson recommends you do so, especially if you no … Read More
Usually the parties to family law proceedings are a husband and a wife, or former de facto partners, or the parents of a child or children. Spouses and parents are inevitably enmeshed in other family relationships and commercial arrangements which … 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 getting divorced. When can I apply for a divorce? Once you and your spouse have been separated for at least 12 months.
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.
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.
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
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.
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
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.
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
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.
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.
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.