If you are married, but have been separated for at least 12 months and one day, it may be time to consider applying for divorce. If you do decide to apply for a divorce, there are a number of factors that Coleman Greig suggests you take into account before doing so.
In most cases, it is necessary for parties to attend mediation and obtain a Section 60(I) Certificate prior to going to Family Court – although the need to attend mediation can be waived in circumstances of urgency. If the matter is deemed sufficiently urgent, it is possible to attend court. In cases where the matter is extremely urgent, Orders can be sought on an ex parte basis, meaning that the matter will be dealt with without the other party having the opportunity to attend Family Court, or present evidence.
Solicitors who are well versed in family law should have the ability to get their client’s point across without the use of inflammatory or unnecessarily aggressive language. Furthermore, although it is trite to say, “sometimes you catch more flies with honey than you do vinegar”, there is a time and place for being firm and insistent in correspondence, but the line between being firm and being rude must be walked appropriately.
Malcolm Gittoes-Caesar recently had the pleasure of representing Coleman Greig as a participant on SBS’ Insight program, where he was given the opportunity to discuss Binding Financial Agreements. Here, Malcolm gives his 5 key takeaways from the show, why to implement them, and how to go about doing so in an effective manner.
Throughout my time as a family lawyer, I have noticed that when couples do decide to officially separate, there is sometimes a desire for it to
One incredibly important question to ask within the context of Family Law matters is whether there is anything wrong with providing people with information specifically relating to your Family Law matter. Section 121 of the Family Law Act answers this question in some detail.
Domestic violence (or family violence) is an issue deeply ingrained within many family law matters, and causes certain logistical difficulties over and above the physical and emotional turmoil faced by victims as a consequence of that violence.
When parties to a marriage receive assistance from their parents, it is rare for them to put thought towards just how their parents might be protected in the event of the marriage breakdown.
To further decrease the backlog of cases in the Family Court, a large number of cases will be referred to Family Mediation, as well as other forms of alternate dispute resolution such as Arbitration.
In 2017, the High Court of Australia handed down a judgment that could have potentially resulted in Binding Financial Agreements being a thing of the past.
In the third and final part of our same-sex marriage blog posts, we take a look at what the introduction of same-sex marriage means for parenting matters in Australia.
In part two of our same-sex marriage blog posts, we discuss what same-sex marriage means for property proceedings. Overall, the introduction of same-sex marriage will see same-sex couples have greater access to legal protections surrounding both financial and parenting matters.
You may be thinking that it will be a while before same-sex couples start filing for divorce, although there are many couples in Australia who have been married for a significant period of time.
The emergence and popularisation of cryptocurrencies over recent years has added to the difficulties and complications associated with the financial side of family law proceedings.
Arguments over how to best raise children are often more prevalent in the case of separating or separated parents. One particularly hot topic, and an increasingly common area of debate amongst parents is the issue of child vaccinations.
Solicitors are often faced with the dilemma of being approached by a potential new client, but because the solicitor or firm has acted for a previous client whose interest may be affected, the solicitor may be unable to act. There are, however, circumstances where a former client may waive, whether expressly or impliedly, their right to object to the solicitor acting.
Ex parte proceedings refer to proceedings where one of the parties may not be present. The matter of Drew & Jensen [2017] FCCA 656 concerned a recovery application made by the father of two children, aged five and nearly two.
Since being handed down on 27 February 2017, in the Full Court of the Family Court, the decision of Britt & Britt has had the potential to significantly impact the way that evidence in property matters, relating to family violence, is treated and therefore, how it’s admitted in evidence.
Penrith LGA is currently one of the hardest-hit areas in the state with regard to reports of domestic violence. Unfortunately, Penrith is not alone in these numbers – with the neighbouring Blacktown area showing the highest number of domestic violence incidents in NSW: with 2083 in the year up until March 2017.
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