Family Law

Using a Power of Attorney to make Family payments

  • January 10, 2014

Drop into any domestic family situation anywhere in the world and a culture of “share and share alike” can usually be found. When the family is young, practically everything becomes “communal” except maybe personal clothing and sometimes even that! As the children grow up and parents grow old however, the money, property and favours that…

Divorce and dividing up of Assets

  • November 28, 2013

Following the breakdown of a marriage or a defacto marital relationship, the separating couple will obviously need to tackle the task of dividing up their assets. With trust and respect running at an all time low and emotional distress often running at an all time high, reaching agreement on these issues often represents a real…

When can long service leave be counted in a divorce settlement?

  • June 12, 2013

Originating in India during British Colonial rule as a restricted privilege for some Government employees and practically non-existent elsewhere in the world, employee long service leave entitlements have nonetheless grown to become culturally ingrained in the Australian workforce.  Generally the entitlement is for two calendar months of paid leave on attaining 10 years of continuous…

Character Assassination in Family Law

  • January 31, 2013

According to popular opinion, the bubonic “black plague” which ravaged and ultimately killed between 30 and 60% of the European population in the late 1340’s was caused and spread by the rats living in those areas at that time. Scientific investigation however, shows that the disease was never in the rats but instead carried by…

Step-Parent Adoption – Obtaining Adoption Orders

  • January 31, 2013

Where a step-parent has been performing the role of an absent/disinterested biological parent for a long time, the urge to “normalise” the relationship understandably holds strong.  One way to achieve this is through step-parent adoption. Part 1 of this series discussed the effect of an Adoption Order.  In this instalment we discuss the process by which…

Step-Parent Adoption – Effect of an Adoption Order

  • January 31, 2013

Statistically, one fifth of separated families these days eventually transform to include a full time step-parent following the re-partnering of one or other of the biological parents. For some of these families, non-participation of the other biological parent may lead to the step-parent becoming the only “other” parent figure in the children’s life. Not surprisingly…

Divorce – How do you pay for the Lawyer?

  • October 12, 2012

Behind space exploration and warfare, it might seem hard to imagine any other endeavour that could be quite as expensive as Family Law litigation.  Sadly, the financial and psychological impact of these forms of disputes are almost entirely negative and can affect some people for years if not decades.  The good news is that statistically…

Long Distance Parenting

  • September 21, 2012

Considering the vast distances dividing Australia’s major population centres, the advent of high speed internet connectivity and the highly mobile nature of the Australian community as a whole, it is little wonder that the breakdown of family relationships bring many parents into conflict over where the now separated family is to live. Work commitments or…

Paternity Issues and Child Support

  • June 29, 2012

Following the breakdown of a relationship, any parent who retains the care of a child under the age of 18 years is entitled to receive financial support from the child’s other biological parent to assist with the day to day cost of living.  These payments are assessed and child support assessments can add up to…

Who keeps the engagement ring in a property settlement?

  • May 25, 2012

When asked for advice from a young women set to break off an engagement about any obligation to return the engagement ring, Hollywood socialite Zsa Zsa Gabor once famously said “of course you should return the ring darling – but make sure you keep za stone!” Questions about inclusion or exclusion of jewellery in the…