Category: Family Law

News

POSTED: 12 Jun 2019
As we continue to see changing attitudes in society towards couples living together and a reluctance to get married, it begs the question what happens to couples living together in a relationship if it doesn’t work out?
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News

POSTED: 29 May 2019
10 September 2019 will mark an important date in the way hearings are conducted in family law proceedings. On 10 March 2019 the Family Law Act 1975 incorporated section 102NA banning personal cross-examination in Family Law proceedings if allegations of family violence have been raised. This means that self-represented litigants will no longer be able to personally examine their ex-partner.
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News

POSTED: 17 Apr 2019
“If you can afford a holiday, then you can afford to support your children”. This is the latest message from Michael Keenan, MP for Human Services.
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News

POSTED: 22 Mar 2019
Family Law continues to be a subject of scrutiny within Australia. The resources of the Family and Federal Circuit Court have declined, divorce rates continue to increase and a pause button is placed on the lives of families across Australia. So if this is a problem here, are efficient methods being incorporated elsewhere? The answer is yes. One of particular success is Collaborative Family Law.
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News

POSTED: 04 Feb 2019
The thought of taking the step to make an appointment with a Family Lawyer is daunting for most people. Some people may have never stepped into a law firm and suddenly they feel as though they are being “forced” to listen to their “rights” and pay exhaustive upfront fees during one of the most vulnerable experiences they will go through.
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News

POSTED: 22 Jan 2019
Under the Family Law Act, there is a presumption that parents have equal shared parental responsibility for their child, i.e., they will both have equal duties, responsibilities and powers in making decisions about major long-term issues in relation to their child. [1] However, it is inevitable that parents will not agree on every life decision relating to their child, particularly in the case of separated or divorced parents.
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News

POSTED: 20 Dec 2018
The festive season is upon us, though it can be challenging for some parents and children. School holidays are about to begin but the Christmas shopping will not start until Christmas Eve.
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News

POSTED: 04 Dec 2018
One of the most important (and overlooked) steps following separation is the need to update your Will, and if applicable, revoke your Power of Attorney and Enduring Guardian. This becomes particularly relevant in the case where couples have created reciprocal Wills. It is not uncommon for couples to be separated for many years and have an agreed property settlement without having obtained a divorce. However, if a spouse dies unexpectedly during this period, then the surviving spouse will inherit the entirety of the Estate due to the fact that the parties are still “married” under law. This can be the case even if there is no Will in place.
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News

POSTED: 03 Dec 2018
Joanna Knight, Associate in Marsdens Law Group's Family Law department is a contributor to “Inside Family Law”, a new guide for lawyers and individuals navigating the family law system. It contains interviews from judges, lawyers, report writers, parties, and also children who have been through the court system.The book lifts the veil on some of the mysteries of Family Law. Joanna’s chapter explains how mediation works, and also how to pick a lawyer that’s right for you.Congratulations to Joanna, a wonderful achievement for an equally wonderful Solicitor!
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News

POSTED: 16 Nov 2018
It is quite common for parents to help their children purchase their first home prior to or during their marriage or de facto relationship. In the event that the relationship breaks down, however, the issue of what happens with the money that was given by a parent can become central to the Family Law dispute.
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