Malcolm Gittoes-Caesar takes a look at the recent case of Whooten & Frost (Deceased) [2018] FamCA 79, which shows how strict adherence to the rules of the court may bring about injustice. To Malcolm, this particular case also demonstrates the somewhat callous form that family law matters can sometimes take.
If you are a divorcee and your children don’t have a current passport, you may need to negotiate with the non-travelling parent in order to have them sign the relevant passport application. If the non-travelling parent refuses to sign the application, either due to them having genuine concerns for the child’s safety, or (as is sometimes the case) for no good reason at all, then you are likely to require advice surrounding how to make an application to the Family Court.
Unfortunately, sometimes matters ending up in the Family Court is inevitable. Parties can become so entrenched in their positions, or their views of what has occurred throughout the relationship may be so diametrically opposed, that it is impossible for them to meet in the middle. However, in most matters that Coleman Greig deals with, there are ways in which compromises can be reached.
With end of year holidays almost with us, many families have started to make plans for international travel. For parties to a divorce who share custody of their children, it is crucial to take into consideration whether or not there are court orders in place that might stand in the way of international travel plans, if these plans are set to include the children.
Given the delays that are often experienced in the Family Court of Australia, parties will often receive an inheritance after they separate, but prior to entering into a property settlement with their ex-partner. There is a misconception that an inheritance received post-separation won’t be taken into account in relation to the family law matter, although this is false.
When two parties decide to separate, it is important to keep in mind that time is of the essence. Both the Family Law Act and the associated court rules require strict adherence to certain time limitations, all of which are important for parties to a relationship breakdown to be aware of.
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.
When the High Court disregarded the Binding Financial Agreement in the Thorne v Kennedy case of November 2017, discussion arose over whether pre-nups will hold up in court. Here’s what you need to know about the case.
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.
Alongside the recently implemented changes in the Federal Circuit Court and Family Court systems, court staff are now looking to streamline the online filing process in order to ensure that both solicitors and self-represented litigants have an efficient method available to provide the court with documents.
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.
Australia is now officially the 26th country to legalise same-sex marriage, with the Marriage Amendment coming into effect on 9 December 2017. We take a look at how has this change has affected Family Law proceedings?
Due to delays and backlogs, the Family Court is currently pushing for parties to make genuine attempts to resolve their disputes privately through Family Mediation, one of the more popular Alternate Dispute Resolution processes.
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.
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.
Throughout the often-long process of family law proceedings, there are a number of areas of dispute that may arise with regard to shared property – as well as areas of ambiguity that accountants and their clients may face.
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.
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.
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