What Happens To My Children After Separation?

This is a question often asked by newly seperated Mums and Dads.  Parental responsibility refers to all the duties, powers, responsibilities and authorities which parents have in relation to children. We will try to explain Parental Responsibility in this blog to start the process of understanding.

Changing Parenting Orders Explained

Changing Final Parenting Orders and the rule in Rice v Asplund (1979)

Final Parenting Orders are Orders that outline the arrangements for a child or children on a final basis. These Orders can be made by the Court after a hearing or by consent if the parties can agree on terms.

Do You Want to Change a Child’s Name

When both parents agree, changing a child’s name is a simple matter of registering an application with the proper agency. However, when parents do not agree about changing a child’s name, a court order may be required. It is presumed that parents have equal shared parental responsibility for a child.

Can I Take My Child Overseas After Separation?

Travelling overseas with children after a separation may raise several concerns. Dealing with them such concerns early can save both time and money. Taking a child on international travel without the permission of the other parent can be considered to be parental child abduction.

Who Gets The Family Home After Separation

Many people have the mistaken belief that, at the end of a relationship, the property is supposed to be divided between the parties on a 50/50 basis. This is not the case. Under the Family Law of Australia, the Court has a wide discretion in deciding the property settlement entitlements of each party in the event of separation after a marriage or a de facto relationship has broken down.

After Divorce Can I Change My Childs Name

When both parents agree, changing a child’s name is a simple matter of registering an application with the proper agency. However, when parents do not agree about changing a child’s name, a court order may be required.

How Long Does A Divorce Take

In comparison to many legal jurisdictions around the world, Australia has a relatively simply process for getting divorced. For most applications, you will not even need to appear in person for the divorce to be granted. There are several factors that go into determining how long a divorce will take.

Parenting Plan Versus Parenting Consent Orders

One of the most common questions that we receive regarding parenting matters, is whether the parties should formalise their arrangements through a parenting plan or using parenting consent orders. Each approach has advantages and disadvantages and may be appropriate or inappropriate depending on the circumstances of each matter.

What Happens To My Super After Separation

Superannuation can easily be overlooked when thinking about separation.  Is my superannuation going to be included as part of the property pool and if so, how much will I get to keep versus having to pay to my partner/spouse?  These questions can often be extremely daunting, so in this blog, we look at what happens to your Superannuation when you separate or divorce.

Enforcing Parenting Plans

A common question asked by parents afer divorce is what is a parenting plan? A parenting plan is an agreement that parents into to articulate whom will be responsible for the day-to-day issues as well as the long terms decisions for their children. It is typically done when the relationship has irretrievably broken down.

What To Expect From Mediation

Family mediation is a process by which separating families can reach agreements about the care of children and the split of property without the need for litigation. It is compulsory in Australia to attempt to resolve family matters in Family Mediation before applying to Court for orders.

Same Sex Family And Family Law

In 2017 Australia finally amended its legislation to allow same sex couples to enter into Marriage. With this change same sex couples now find the legal circumstances of their relationships have evolved. So then how has the law as it applies to same sex relationships changed, and what are your rights now?

Do You Really Need A Property Inspection?

Buying a home is an exciting time. There is a lot to take care of, and you will be racing around getting everything done in time for the settlement date. One of the key factors that you will need to take care of is making sure that the property is in the condition that it is said to be presented in.

How Much Does It Cost to Get A Divorce

Divorce applications can be an expensive exercise. The Family Court and Federal Circuit Court fees to file a divorce application at the time of writing this blog are $910.00. For many people, this cost can be a barrier to applying for divorce. The courts however may offer a discounted fee under certain conditions.

Do I Need A Lawyer To Review My Real Estate Contract?

As a buyer and seller you have a legal right to have your Contract reviewed by a Solicitor before signing the Contract to ensure that you fully understand the terms of the Contract before it is signed and you are legally bound to purchase or sell the property.

Leaving A House In A Will

How To Leave My House to My Child is often a question asked of us?

This article will discuss the best way to leave your property upon death where a second marriage or partner is involved.

What Does The Executor Of A Will Do?

When a person dies and leaves a valid Will, it will name an individual or several individuals as “Executors”. The Executor is sometimes also called the Trustee of the estate, or the deceased’s Legal Personal Representative.

Custody – Divorce

For many years’ parents have fought to have custody of their child after separation or divorce. As the law has evolved, the term “custody” fell out of use as it had connotations of ownership of the child.

Auction Tips For Buyers Of Property

If you have chosen to buy a property that is being auctioned, then there are a few tips we can offer that you may choose to consider before attending an auction and signing an auction contract!

What Can Happen If I Pass Without A Will

What happens if you die without a will in Queensland?  Intestate…… It is a seemingly harmless word which can have a serious impact upon your loved ones if you pass away. In simple terms, Intestate means that you have died without a will. Instead of your estate passing according to your wishes, your estate will now be divided according to the laws of Queensland. Intestacy laws in Queensland are a paint by numbers approach which are extraordinarily unlikely to match how you would like to see your assets pass.

How To Choose An Executor Of My Will

Firstly, let’s try to understand what is an Executor and what do they do?

An executor can be a person or an organisation that you appoint to be responsible for carrying out the wishes you have stated in your will. You must nominate at least one person or organisation as the Executor in your will.