A divorce is often confused with a property settlement. Simply put, a divorce is a legal process which formally ends a marriage. A property settlement, however, is the process of severing the financial relationship between parties to a marriage once and for all. They are two different legal processes.
Gathering evidence in my family law matter
One of the biggest challenges parties face in family law cases is gathering evidence in support of their case. Continue reading “Recordings in Family Law Cases – Risky or Resourceful?”
This article summarises the Canadian cases Ribeiro v Wright, 2020 ONSC 1829 (CanLII) and Smith v Sieger, 2020 ONSC 1681 (CanLII) which both dealt with parenting arrangements in the circumstances of COVID-19.
Most people know someone who has been affected by a family breakup. It is usually a very stressful and emotional time where people are anxious about the divorce, the property settlement and the emotional wellbeing and care arrangements for children.
Unfortunately, this is reflected in a great quantity of inaccurate statements, often regarded as fact by those, in the community.
Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements in a family law property settlement and the assets they are likely to retain.
This is only natural given that Family Law is a complicated and emotional area of law which is often poorly understood.
There are many names for Binding Financial Agreements or BFA’s, including;
- Pre-nuptial Agreements (commonly known as pre-nups),
- Post-nuptial Agreements (post-nups);
- Settlement Agreements; and
- Cohabitation Agreements.
Following a separation, parents do not have to go to court about the care arrangements for their children. As a matter of principle, we encourage our clients to reach an agreement with the other parent, if possible and reasonable to do so, without the need to resort to the Family Law courts, which will save on legal fees. Continue reading “Children’s care arrangements following separation”
Families and money can sometimes be a volatile combination. That is never more so than when divorces and Wills are concerned.
When is an inheritance an asset for family law purposes?
The simple answer is “almost always”. Continue reading “Inheritances & Family Law Property Settlements”
The Family Court of Australia was one of the first courts to recognise self-represented litigants as a permanent and significant client group.
Research indicates that 20 to 30 percent of Family Court cases involve a party who is self-represented at some point.
It is important to weigh up the benefits of using a family lawyer even if you don’t have to as the consequences of not following the correct process, filing incorrect documents or filing them out of time could be disastrous. Continue reading “The perils of representing yourself in the Family Court”
Do you have a friend or relative who has just separated? If so, the information below should help.
What is meant by separation?
Separation in Family Law is defined as the bringing to an end of a marriage or de facto relationship (which also includes same-sex couples). Continue reading “Family Separation – Things you need to know”