Category: Family Law

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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News

POSTED: 09 Oct 2018
This year marks the 20th anniversary of Kennon & Kennon, the historic decision which made family violence relevant to a property settlement proceeding.
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News

POSTED: 10 Aug 2018
On 30 May 2018 the Turnbull Government announced that, as of 1 January 2019, a new “super court” known as the Federal Circuit and Family Court of Australia (FCFCA) will be established through the amalgamation of the current Family Court of Australia and Federal Circuit Court of Australia.
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News

POSTED: 29 May 2018
The mother heard the father explode with anger when the children were with him one weekend and there was a scene and police involvement. In other instances, the father had engaged in intimidating behavior, made threats to kill adults and children, and called the mother demanding to pick the children up on several occasions.
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News

POSTED: 09 Feb 2018
After 61.6% of voters in a national postal survey voted ‘yes’ to grant same sex couples the right to marry, Australia has introduced new legislation to legalise the union of gay couples. The Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) came into effect on 9 December 2017, officially marking Australia as the 26th country to legalise and support same sex marriage.The creation of this law has brought about several important changes, namely, altering the definition of marriage from ‘a union between a man and a woman’ to ‘a union between two people.’ Consequently, thousands of same sex couples have lodged Notices for Intended Marriage, with hundreds of couples being married as early as 12:01am on 9 January 2018...
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