My partner and I hold property overseas, which country should do our property settlement? My former partner and I live in different countries, where do we commence family law proceedings? Can parenting orders be recognised in different countries? For couples and families who have spent time living in different countries, own properties overseas, or no […]
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What is the duty of disclosure? Under the Family Law Act there are specific rules concerning the obligation parties have to provide full and frank disclosure of their financial positions in property matters. The Court requires disclosure of all sources of income, assets, liabilities and any financial resources, whether held in a party’s sole name,
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What happens if I died before my Family Law proceedings are finished? If I die before my Family Law matter is complete does my ex get everything? If a spouse party to family law property proceedings, dies before the proceedings are completed, the proceedings may be continued by or against the legal personal representative of
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Will my inheritance form part of my property settlement? Can I prevent my spouse from receiving part of my inheritance in our Family Law matter? Inheritances or bequests are considered property, and do not fall into a protected category of assets that are automatically excluded from distribution between the parties. The 4 Step process In
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“Am I out of time to commence property proceedings?” The Family Law Act 1975 (Cth) imposes time limits, on when parties can commence proceedings in the Court in relation to a property settlement. Time Limits Imposed by the Family Law Act Pursuant to Section 44 of the Family Law Act, property proceedings are required to
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“Do I have to conduct changeover in a pandemic? My ex is refusing to let me see my children because of coronavirus.” On 30 March 2020, the New South Wales State Government issued Government Gazette Number 65, setting out the public health restrictions on gatherings and movement as a result of Covid-19. The Gazette restricts
COVID-19 – RESTRICTIONS ON MOVEMENT AND CHANGEOVER OF CHILDREN IN NEW SOUTH WALES Read More »
Do I have to comply with my Parenting Orders because of Coronavirus? Is the Family Court still open? My ex is refusing to conduct changeover because of social isolation. The current pandemic associated with COVID-19 is having an enormous impact on families throughout both the Australian and International communities. On Tuesday 17 March 2020, the
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How can I pay my bills or support my children during a family law settlement? My partner earns more than me, how can I compete with them financially? How can I pay my legal fees when I don’t work? Significance of Interim Family Law Orders It is no secret that the current delays in the
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Once Orders are made, either by the Court or the consent of the parties, in relation to the care and living arrangements for children, they are final. Orders made only be varied if either both parties’ consent, or the Court determines that it is appropriate to change the Orders. Changing Orders by Consent If
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The saying goes “it takes a village to raise a child.” It is therefore unsurprising that the breakdown of a relationship does not just impact the parties involved, it can have a far-reaching effect, including on children’s relationships with their grandparents and extended family. The Family Law Act 1975 (“the Act”) acknowledges the importance of
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