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It’s one of the most common and emotionally charged questions family lawyers are asked after a relationship ends: “Who gets the dog?” You might be surprised to learn that under the Family Law Act 1975 (Cth), pets such as dogs are considered property when a married or de facto couple separates – just like a car or a...
Read moreWhen parenting disputes arise, the Federal Circuit and Family Court of Australia follows a structured process aimed at ensuring the best interests of the child are met. Trying to reach agreement first: Pre-Action Procedures Before commencing legal proceedings, parents are required to comply with Pre-Action Procedures. These...
Read moreIf you have separated from your ex, you may be wondering how long it takes to get a divorce. Unfortunately, the best answer to this question is “it really depends” on a number of factors. However here are 5 things to know about how long it takes to get a divorce. Have you been separated for 12 months? The first...
Read moreIf you have separated or are facing separation from your partner, you may be concerned about how to protect your interest in a house or land, particularly if that house or land is not in your name. If this sounds like you, you may wish to consider lodging a Caveat as you prepare to finalise a property settlement. Protecting...
Read moreThe Christmas period can be a stressful time for most families, and it is certainly not made any easier if you are navigating co-parenting with your former partner or spouse during the festive season. While a lot of separated parents can be amicable and adhere to an informal agreement in relation to their co-parenting, we recommend...
Read moreWe often tell our clients to be wary of posting anything to social media after separation and especially during any Court proceedings that may be in progress in relation to their property settlement and/or parenting matters. With social media now the most used domain of sharing our thoughts, experiences and lifestyle to the...
Read moreGoing through a separation and divorce is a very difficult time. I can say this as I have experienced it first hand. You might think I had the “upper hand” throughout my separation and divorce because I am a family lawyer myself. Well, I can say that was not the case at all. Lawyers need lawyers for their own divorce...
Read moreA common misconception amongst new clients is that they can construct a Family Trust in which to ‘squirrel away’ assets (including properties) on the basis that the Family Trust will not be captured as part of the parties’ net asset pool. Unfortunately, this is exactly that – a misconception – and this...
Read moreThis is a burning question for all those who have separated and need to finalise their property settlement. We offer these tips to help you transition from your first inquiry through to finalisation. Do you and your former partner have an agreement about the terms of your property settlement or do you need to negotiate one? If...
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