Understanding the legal definition of a de facto relationship is crucial when considering property settlements. Does living together for a few months count in the eyes of the law? Are you eligible for a property settlement once the relationship ends? The court generally makes property orders for de facto relationships if: – The relationship lasted…
When deciding parenting orders, the court’s first and most important consideration is what is going to be best for the children. If a judge feels a child might be in danger as a result of spending time with one parent, orders could be made that will prevent that parent from seeing their child. In a…
Sorting out financial obligations in the wake of separation and divorce can be complicated, and as interest rates continue to rise, repayments on a home you’re no longer living in can be stressful. Essentially, if you and your ex are the registered owners of a property, it’s likely you’re joint account holders of the home…
We all love our pets and consider them as part of the family. However, when it comes to separation and divorce, those delightful “fur babies” are in fact property, not people. In a recent case, the court said “parenting proceedings” would not be conducted in relation to family pets.
Can someone who is not a parent apply for a parenting order? Yes, they can. According to the Family Law Act, “any other person concerned with the care, welfare, or development of the child” can apply for a parenting order. But what does that mean exactly? Courts are usually quite strict when looking at applications…
There are various factors that the Court considers when deciding if parties were in a “de facto” relationship. One of those factors is whether there are any children of the relationship or if the parties support and care for children. This factor, however, does not always mean that there is in fact a de facto relationship. …
When parents separate and get divorced, it can be a particularly distressing time for children. They may be uncertain about their future, where they’re going to live, and how often they will be spending time with each parent. Sometimes, a child will ask not to spend time with one of their parents, even if there…
Relationship breakdowns can be hurtful, bitter and full of angry recriminations. If that unfortunate behaviour spills over onto any children involved in the split, it can have a damaging effect. When parents simply can’t get along, and express negative feelings about the other, particularly in front of their children, it’s called toxic co-parenting. One of…
When it comes to family law, mediation can be a great way to settle disputes between spouses or parents and children. Mediation is a process where a neutral third party, called a mediator, helps the parties involved come to an agreement. The mediator does not make decisions for the parties but instead allows them to…
Most of the time, parties often wait until they encounter a family law dispute before seeking legal advice. This is often because the emotional turmoil and emotional investment cause them to believe it is not worth the agony to seek legal representation. This can be a very costly oversight in most circumstances. Even if you…