It comes as a shock to many to hear that assets which were acquired after separation but before a property settlement has occurred, can still be included in the property pool in a Family Law property settlement and available for division between the parties. To many,...
As a grandparent myself, I can well understand the emotional distress that may be caused where parents refuse to allow their child to spend time with a grandparent. This issue arose recently in the case of Sarti & Sarti, heard on Appeal in the Family Court...
In many Family Law property settlements, the value of the matrimonial home is often a contentious issue which arises. The family home is the most precious asset which many Australians own. The current strength of the Sydney property market has resulted in significant growth in housing...
One of the primary objectives of the Court in parenting matters is to determine what the best interests of the children are and to make orders to that effect. In some circumstances, a Court will appoint an Independent Children’s Lawyer (“ICL”) to your matter. An...
After a marriage or relationship breaks down, the issue of whether to stay in the family home or leave is a hotly contested issue. This is especially emotive when children are involved. Finances are tight and may not stretch comfortably, or even at all, across...
You should try and deal with your own emotions first and avoid letting your emotions get in the way of making decisions. Naturally, going through a separation is a very emotional and difficult time for clients. Try and treat your settlement as a ‘civil business-like...
Clients will often ask us "What is the difference between a Divorce and a Property Settlement?" and "Do I have to wait any period of time before I do my property settlement?". The answers to these questions and more can be found in...
Our Marriage has broken down. If I move out of the house first, what are the consequences?...
Who has the right to change the locks on the house after separation? Even in circumstances where a party has been temporarily residing elsewhere during separation, the changing of the locks can come as somewhat of a shock. If a client contacts us in...
How do I work out what is best for my children now that we have separated? The answer to this question will largely depend upon the client's and the children's individual circumstances. We advise clients that it is much better if Parents can decide between...