Family Law

Time Limits For Property Settlement

Questions often arise as to how long after separation a person has to apply to the Family Courts to obtain property Orders. In the case of marriage, a person is able to commence proceedings before the Family Courts seeking property Orders for up to 12 months after the date of divorce. It is important to…

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Lottery Winnings After Separation – Who Gets the Money in Family Court Proceedings

Most people are surprised to learn that lottery wins acquired after separation can form part of the property pool available for distribution between them. If they have not already formalised a property settlement. Whether a lottery win is categorised as a joint contribution or sole contribution to the property pool is important. Practically speaking, if…

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Is Superannuation Property?

Yes. Although the Family Courts treat superannuation as a different class of property than other property such as houses, cars,motorbikes, savings and home contents (the Court refers to this type of property as cash assets). Because superannuation is something that you don’t have access to (unless of retirement age) people often tend to forget about…

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Lottery Winnings and Who Gets the Money in Family Court Proceedings – Windfall During Relationship

Generally speaking, a windfall such as a lottery win acquired during a relationship will form part of the property pool that the Family Court will adjust between parties. The question that often arises is whether that lottery win is to be considered a contribution by the person that purchased the lottery ticket, or, a contribution…

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Family Court backlog letting families down

Chief Justice Diana Bryant has called on the Government to increase funding for the Family Court, describing the underfunded system as letting down “vulnerable people caught up in the system”.   Newcastle: Court delays in action To see the backlog in action, look no further than Newcastle’s Federal Circuit Court. The court is experiencing a…

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Family Law changes aim for quicker decisions and victim safety

New laws proposed by the Federal Government would introduce streamlined parenting hearings and preventing victims of family violence from being confronted by alleged attackers. Following a review of the Family Law Act, the changes are expected to help reduce bottlenecks and long waiting periods in the Family Court, and reassure victims of violence of their…

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What happens when you can’t agree on parenting arrangements?

The end of a relationship can be an emotionally draining time, especially when children are involved. Amid the upset and turmoil, a number of big questions need to be answered. Who will the children live with? How much time will they spend with each parent? What will be the responsibilities of each parent? And how…

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Understanding Divorce In Australia

In Australia, Divorce is obtained by an Application to the Federal Circuit Court of Australia. The Divorce only deals with the dissolution of the marriage. It does not deal with issues of financial support, property distribution or arrangements for children. Grounds for Divorce The only ground for Divorce in Australia is that the parties have…

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Is a Parenting Plan enough?

Separation and divorce is tough on families, especially children. Even when both parents want the best for their children, it can be difficult when emotions are running high and finances are involved. If you can reach an agreement with the other parent about parenting arrangements, a Parenting Plan is a great start. But it’s important…

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