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Despite the passage of 12 years since the Stanford decision, a common misconception persists that the asset pool is automatically divided 50/50 following a relationship breakdown. There is no default position of equal division, and in some cases, the court finds that no adjustment is required at all.
The Federal Circuit and Family Court of Australia (FCFCOA) hears matters relating to family law disputes. While many people are familiar with judges as the primary decision-makers in courts, it’s important to understand the distinct roles that Registrars, Senior Registrars, and Judges play in the FCFCOA pathway. Each of these roles carries different powers and responsibilities, which are integral to the functioning of the court. Knowing the differences will ensure you understand what can be achieved at the different hearings through the course of your family law proceedings.
Have you ever wondered if the way you’re being treated in your relationship is okay? Maybe you’ve dismissed red flags or told yourself it’s not that bad, that you can handle it. It can be hard to know where to turn when those doubts first arise.
That’s where 1800 RESPECT comes in. Even if you’re not sure if what you’re experiencing is family violence, they are a safe place to start the conversation.
A family law consent order is a written agreement between parties that is approved by the Federal and Family Court of Australia (FCFCA), covering arrangements for children, property, and finances. It carries the same legal weight as a judge’s order but generally does not require court attendance by the parties.
Going through a separation can be a challenging and overwhelming journey. Consulting with a lawyer is a crucial step, and our team is here to guide you through the process. We aim to make your initial consultation as productive as possible by helping you understand your options, rights, obligations, and the steps ahead.
The passage of the Family Law Amendment Bill 2023 (Cth) on 19 October 2023 will result in significant changes to the Family Law Act 1975 (Cth), particularly concerning parenting matters. Effective from 6 May 2024, unless a Final Hearing is underway, the majority of these amendments will come into force.
In the aftermath of separation, communication breakdown often fuel conflicts between parents. While some parents excel at managing their communication, others stuggle. Valuable assistance can be found in applications that help keep interactions direct, focused, and, in some cases, legally documented for potential court use.
We’ve curated a list of five apps most commonly used which may alleviate some of the stress associated with co-parenting, and suggest you do your own further research.
Financial disclosure is a pivotal aspect of the process when a marriage or de facto relationship comes to an end. Each party must disclose their assets, income, expenses, and debt, and prove their financial contributions as this is the foundation for decisions related to property division, spousal maintenance and child support.
Superannuation splitting orders have played a significant role in achieving more favorable financial outcomes, particularly for those who took on a primary caring role during a relationship or who didn't work for other reasons. Their importance will continue to grow with the legislated increases in the superannuation guarantee employers must contribute, which will reach 12% of gross pay by 2025.
The housing market's increasing challenges have led many young couples to rely on financial assistance from parents and relatives to purchase their homes.
Research by the University of Sydney found that in Australia two in five young adults expect they will receive family help to buy their first home purchase.
While this can be a great help, it can also become a source of conflict in the event of a relationship breakdown which we know is about half the time.
Disagreements then arise about whether the funds were a gift or a loan. The distinction between the two is crucial because it can significantly impact the division of matrimonial assets and can unfairly prejudice lenders if the court gets it wrong.
There is no doubt that AI will progressively transform the legal profession
Lawyers are already using AI for various tasks such as contract review, case summaries, document review and discovery, legal opinions (with varying results!), social media content, predictive analyses, compliance and legal research to name a few.
At Focus on Family we help people navigate through the financial aspects of their divorce or separation, and to assist with parenting disputes. After years of helping clients, it’s obvious to us that there is no one solution that applies to all families, and we have seen the importance of people retaining control of their own outcomes.
The new list introduce under the new Federal Circuit and Family Court of Australia will case manage complex property pools with a net asset pool of $20 million or more. It is one of many new initiatives aimed at improving case management in the family law system.
Bonnie from Focus on Family came recommended to assist with my Parenting matter and I was not disappointed. She's highly professional and the quality of her work is exceptional. But most importantly she's empathetic, made me feel like I was her only client and was very responsive. I would not hesitate to recommend Bonnie for your Family Law matter.
— A.L., Victoria
Engaging Bonnie from Focus On Family was the single best decision before and during my separation; she was the reason we were able to settle amicably. She applied both her sound knowledge of family law with great empathy and support to my situation.— A.L., Victoria
— M.V., Victoria
When parents go through an acrimonious separation process, it can be difficult to detach the children from the fight between the parents. At its worst, the children can become a weapon to attack the other parent. This article looks at the role that hte psychological process of attribution and moral disengagement plays in this.