As family lawyers, a question we are often asked by clients is “now that they we have separated, does one of us have to move out?”. The simply answer is no. Under the Family Law Act 1975, for married couples the only ground for divorce is that a marriage has broken down irretrievably and this is … [Read more...]
Five tips for better health during your separation
Separation is a life changing event. It's a challenging time, even if you know it's the best outcome for you and your family in the long term. There are so many considerations and decisions to make around property, the children, living arrangements and your future financial position (just to name a … [Read more...]
The vote is a YES… what this means for Family Law cases
The vote is a YES … so what happens now? Our Principal Solicitor and Director Antonella Sanderson shares what the yes vote means for Family Law cases. a. Legislation will need to be enacted to allow same-sex couples to register their marriage. This legislation will need to include a … [Read more...]
TEN STEPS TO GETTING THE RIGHT SEPARATION ADVICE
If you are having thoughts about leaving your relationship, our first suggestion is that you obtain some professional support – these are big decisions, not to be made without appropriate guidance and serious introspection. To begin any journey, one must start by taking the first step. When … [Read more...]
CASE STUDY: Living under the one roof after separation
Mike and Melissa separated after a relationship of 15 years. They had two children aged 9 and 6. Despite their separation they remained living under the one roof to avoid any change in the living arrangements for the children. After a period of 6 months Melissa became uncomfortable sharing the one … [Read more...]
Beware Informal Agreements
Don’t be caught out by an informal ‘deal’ or agreement on property settlement, make sure you seek advice and protect yourself from future claims. Paula and Peter were married for 7 years. They had two young children. Paula had given up her career as an Accountant to stay home and raise the … [Read more...]
Forget the house, who gets the dog?
For many people today, pets are more than just animals, they are members of the family. Here at Family Law Matters, our four legged family members include dogs Honeybear, Billie, Daisy, Alaska, Lucky, Cooper and Angus; and cats, Magnus, Jimmy, Charlie and Alice. Despite the important role pets play … [Read more...]
INFOGRAPHIC: Property Settlements – Factors to consider
Please click the infographic to view in full size. When your relationship breaks down, the emotional journey is a difficult one. All too often we see important financial and property settlement related aspects put to one side while the pain of separation is addressed. This sometimes means … [Read more...]
Protection of Assets
When one party has been the financially dependent partner during a relationship, the breakdown of that relationship creates significant insecurity for the dependent party. It is not unusual for assets to be in the name of one party. Both parties feel financially secure during the relationship. It … [Read more...]
Do you need a ‘Pre-Nup’?
Sam and Sally have been in a relationship for three years and have recently moved in together. They both have their own home, some savings, shares and superannuation funds. They have adult children from previous relationships who now live independently, and Sam and Sally have decided that they … [Read more...]