No. If the parties cannot agree to a name change then court
action is necessary. The court would
look at the following factors:
·
The best interests of the child
·
Confusion of identity
·
Short and long-term effects of a name change
·
Effect on the child's relationship with the
party not seeking the name change
·
Embarrassment...
Tuesday, 20 May 2014
What is a family law consultant?
Family consultants are social workers or psychologists
employed or subcontracted by the Court to assist parties after Court
proceedings have commenced. Their role is to provide a report to the Court after meeting
with parties. It's important to be aware that there is no
'confidentiality' so what you say to them may be used in Court. The Court is not bound by the report but they are generally
of valuable assistance to the Court in reaching a decisio...
Thursday, 27 March 2014
If I separate, is there a time limit to make a claim for a property settlement?
Yes, the deadline for issuing a property (or maintenance) application is
12 months for married parties after a Divorce Order has taken effect (except by
leave of the Court or the agreement of the other party). A party to a de facto relationships may apply
for a property (and maintenance Order) only if the Application is made within 2
years after the end of the relationship.
If you are outside these timelines, we recommend you obtain legal
advice....
Can you make a claim for property settlement if your de facto relationship is less than 2 years?
It is possible to make a claim for a
property settlement for de facto couples (including same sex couples) even if
the cohabitation is for less than 2 years.
You would need to have a child of the relationship or have made
“substantial contributions” to any property of the parties. You would also need to demonstrate that if
the Court won’t allow your case to be heard, you would suffer serious
injustice. ...
Wednesday, 26 March 2014
What happens if you break a Parenting Order?
If the Court finds you are guilty of breaking a Parenting
Order (without reasonable excuse) the following penalties may apply:
1.
The original order may be varied.
2.
You may be ordered to attend a post separation
parenting program.
3.
You may be required to enter into a bond.
4.
You may be ordered to pay the other party legal
costs.
5.
You may be ordered to pay compensation for
reasonable expenses lost as a result of the contravention.
6.
You...
How do I know if my relationship constitutes a 'De Facto Relationship'?
A 'de facto relationship' includes same sex partners and can
exist if a partner is married to someone else or is in another de facto
relationship. The relevant legislation defines partners as being in a de facto
relationship if they are not married or related to each other, and having
regard to all the circumstances of their relationship, living together on a
genuine domestic basis.
Those circumstances may include:
·
the length of the relationship
·
the nature...
What does Roll-Over Relief mean with respect to Capital Gains Tax?
Roll-over relief is available where an asset is transferred under property orders or a Financial Agreement:
1. Between spouses or
2. From a trustee or company to a spouse.
"Roll-over relief" means the deferral of the Capital Gains Tax liability until the transferee (the person retaining the property) eventually disposes of the asset.
...
If I separate is there a time limit to make a claim for a property settlement?
Yes, the deadline for issuing a property (or maintenance) application is
12 months for married parties after a Divorce Order has taken effect (except by
leave of the Court or the agreement of the other party). A party to a de facto relationship may apply
for a property (and maintenance Order) only if the Application is made within 2
years after the end of the relationship.
If you are outside these timelines, we recommend you obtain legal
advice....
What happens if you are made redundant?
In these uncertain economic times
it’s important to be mindful of the potential impact of a redundancy or a
possible redundancy on a property settlement.
It’s important to fully disclose to your lawyer if you have applied for
a redundancy even if it’s after a separation.
It may be relevant in the property settlement negotiations.
A redundancy payment received after
separation (but before a family law settlement) and applied to a new property
is likely to be “added back” into the matrimonial asset pool, so we recommend
you finalise...
Sunday, 16 March 2014
Spousal Maintenance under the Family Law Act
Under the Family Law Act a Court may make such order that it considers “proper” for the provision of maintenance. This means that the Court has a discretion both as to whether maintenance should be ordered and, if so, as to how much should be ordered. It is a discretionary power.
Under the Act, a party to a marriage is liable to maintain another party to the extent that the first party is reasonably able to do so and the second party is unable to support him or herself adequately:
a. Due to...
Wednesday, 15 January 2014
My partner and I are separating and I want to take the kids overseas, what do I need to do?
To obtain a
child’s passport, written consent is required from each person who has parental
responsibility for the child (usually both parents).
If you are
not able to obtain the other party’s written consent you need to apply to the
Court seeking permission to travel internationally (this is so, even if you
have a Court Order for sole parental responsibility) as the Passport Office has
specific requirements.
If you wish
to prevent the other party taking a child overseas (if they have the child’s
passport) you will need to make an Application...
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