Family Law Blog

PARTIAL PROPERTY DISTRIBUTION – Can the Court order that funds or property be given to a party before the Final Hearing? What if a separating person needs a partial property distribution before there is a final property settlement? A partial property distribution may involve either or both of the parties receiving cash or other assets before there is a final legally binding agreement or court order as to how the total asset pool of the parties is to be divided. Where parties are involved in a legal action, the Court may make various Orders in relation to the assets of the relationship. If parties are unable to agree on the value of certain assets and how they are to ...
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STEP-CHILD MAINTENANCE – Can the Child Support payments you receive or which you are required to pay for your biological children be reduced as a result of an obligation to pay step-child maintenance? Provisions within the Family Law Act (Cth) 1975 enable a parent or carer to apply to the Court seeking that a step-parent make payments towards the ongoing care of a step-child after the parties have separated. This is a little known but confronting prospect for a person coming into a relationship with a party who has children of a previous relationship - a common occurrence in today’s society. Some comfort can be taken by these people in the knowledge that applications of this type and ...
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Parental support of the other parent's relationship with children will be an important consideration in the family court in child custody disputes. This is especially so where the court is considering an application by a parent to  relocate with children away from where the other parent lives. If you would like some practical legal advice concerning parental support of each others relationship with children or other family law issues, contact our experienced Brisbane child custody lawyers or our child custody lawyers Brisbane Northside. We can assist you in all areas of family law, including issues that arise regards a parent facilitating the other parent's relationship with children. We will advise you regards likely outcomes and options ...
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If a party wishes to obtain the assistance of the family courts to make orders for the division of property or maintenance, the application to court should be made within 12 months after a divorce order becomes final. After that time, an application out of time may only be brought to court where  leave is granted by the court permitting the party to bring his or her claim. If you would like some practical legal advice regards an application out of time whether for property orders and/or maintenance orders, contact our experienced Brisbane Family Lawyers or our North Brisbane family lawyers. We can assist you in all areas of family law, including regards family law property settlement, maintenance claims and parenting arrangements ...
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Testing evidence in family law cases is very important to the outcome. Only a small percentage of people will become involved in family court proceedings. Most former couples will reach an agreement without going to court. Many of those people will have their agreement confirmed by consent orders issued by the Family Court of Australia. Testing evidence in family law proceedings will not then be something that will concern those seeking consent orders without going to court. For those who are involved in court proceedings and who have to go through to a trial of the issues in their case, testing evidence and bringing to the attention of the court ...
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Sale of the matrimonial home and other property ordered by way of an interim property order. You may be seeking a final family law property settlement with your former partner or it may be that you are involved in a family aw action where final property orders are being sought. Some former couples are able to reach agreement fairly promptly as to how their property is to be divided. If that is your situation, then it should be possible to proceed to obtaining final property orders fairly promptly without ever actually going to court. If however it is likely going to take some time before final property orders can be ...
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How does a high conflict parental relationship effect the Orders that a family court may be willing to make for the care of children? The paramount consideration under the Family Law Act 1975 (Cth) (“FLA”) when the family courts are deciding whether to make a particular parenting order in relation to a child is the best interests of the child (Section 60CA FLA). Section 60CC(2)FLA sets out what are the primary considerations for the family courts in determining what is in a child’s best interests. These primary considerations apply regardless of whether there is a high conflict parental relationship but where there is high conflict between parents, it is worthwhile for ...
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Where an interim maintenance application is made by a spouse, the family courts must be satisfied that sections 74 and 72 of the Family Law Act 975 (Cth) ("FLA") apply. Section 72 FLA sets out the right of a spouse to spousal maintenance.   It provides that a party to a marriage is liable to maintain the other party where that first mentioned party is reasonably able to do so but only if the other party is unable to support herself or himself adequately. When considering any interim maintenance application, a court may find that a person cannot support himself or herself where for example that person has the care and ...
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School choice after separation. This is an issue that many parents face. In particular, the choice that a couple may make when they are in a relationship may be quite different from their school choice after separation. Wherever possible, it is recommended that you and your former partner reach agreement regarding the school that your child will attend. If however, the school choice after separation cannot be made by you and your former partner on an amicable basis, it is going to be important to understand what is the approach taken by the family courts on this issue. If you would like some practical legal advice and to understand the ...
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INTERIM PROPERTY ORDER – I NEED FUNDS NOW!! Can the Court make an Interim Property Order for the release of funds or property prior to the Final Hearing? Have you recently separated or considering separation from your partner? Is your limited access to available finances creating an inability to pay necessary living expenses or putting you at legal disadvantage? During a relationship parties can experience a superior financial position on account of the combined incomes of the marriage or on account of one person providing care for children which enables the other party to achieve a greater income for the family. After breakdown of the relationship it is often the case that one party will obtain a financial advantage ...
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