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Family Law

What’s the best way to communicate with my ex-partner?

What’s the best way to communicate with my ex-partner?

We always recommend that correspondence relating to parenting or property settlement matters are recorded in writing either via email or text message. There are also various parenting communication apps which parties can use to discuss co-parenting matters. Some of...

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What are the different types of domestic violence?

What are the different types of domestic violence?

There is a very common misunderstanding that domestic violence or family violence only involves physical assault that results in visible injuries to the victim. However this is not the case. Unfortunately this means that there are various forms of domestic violence...

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What does equal shared parental responsibility mean?

What does equal shared parental responsibility mean?

The Court presumes it is in the best interests of a child for their parents to have equal shared parental responsibility as a default position. This means that parents are required to consult each other and agree on any long term decisions affecting the children...

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What are my options for child support?

What are my options for child support?

Child Support can be obtained through an assessment from the Child Support Agency, through an informal agreement between parents, through a Binding Child Support Agreement or through a Limited Child Support Agreement. Child support is separate from spousal...

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Service Of Court Papers – The Ordinary And The Extraordinary

Service Of Court Papers – The Ordinary And The Extraordinary

Recently, director and actor Olivia Wilde was handed an envelope while on stage when she was attending a trade show in the United States of America. As it turned out, the envelope apparently contained Court documents from her ex-partner regarding a parenting matter....

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Separation and Divorce – Top Tips (Part 6)

Separation and Divorce – Top Tips (Part 6)

“If you are moving out of the family home due to separation ensure you take copies of photos and personal identification documents (such as passports, birth certificates and citizenship/visa documents) with you so as to avoid them getting lost or held hostage by your...

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Separation and Divorce – Top Tips (Part 5)

Separation and Divorce – Top Tips (Part 5)

“Do not publish any details about Family Law proceedings.  It is a criminal offence to publish the names of parties and children involved in Court proceedings or make any reference to court officials, Judges, Lawyers or experts involved in the proceedings.” “Avoid...

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Separation and Divorce – Top Tips (Part 4)

Separation and Divorce – Top Tips (Part 4)

“If you are recently separated and in the midst of negotiating a property settlement avoid purchasing any property, business, shares or expensive possessions until after your property matters are resolved as these assets will likely be included in your joint asset...

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Separation and Divorce – Top Tips (Part 3)

Separation and Divorce – Top Tips (Part 3)

“Contact your bank and ensure that all joint accounts and home loans require duel signatures for withdrawals.” “If you are recently separated change all the passwords on your phone, email account, iCloud, laptop computer and any other electronic devices or application...

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How to obtain a Divorce – The Process Step by Step

How to obtain a Divorce – The Process Step by Step

In order to obtain a legal divorce you must file an Application for Divorce in the Federal Circuit and Family Court of Australia. The application form is available on the Court website, however it is always best to seek advice and assistance from a qualified Family...

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Separation and Divorce – Top Tips (Part 2)

Separation and Divorce – Top Tips (Part 2)

“Update the nominated beneficiary in your Superannuation policy if your ex-partner is currently nominated as the beneficiary of the policy.” “If you are moving out of the family home ensure you take all sentimental items with you in the first instance – This will...

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Family Report – Everything You Need To Know

Family Report – Everything You Need To Know

It is common in Family Law proceedings where parties have not reached agreement about parenting arrangements or where allegations of ill mental health, domestic violence or substance abuse have been raised for the Court to Order that a Family Report or the 'short...

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Separation and Divorce – Top Tips (Part 1)

Separation and Divorce – Top Tips (Part 1)

“Ensure that you disable your ex-partners access to applications which may enable them to track your location such as FindMyPhone, Snapchat or Facebook Messenger.” “Update your Will - If something where to happen to you the fact that you are separated or Divorced will...

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I’ve Separated – What Do I Do Now? – Domestic Violence

I’ve Separated – What Do I Do Now? – Domestic Violence

If you have been the victim of Domestic Violence during your relationship and your partner is continuing to behave in an abusive manner after separation you should consider applying for an Intervention Order (IVO). The IVO may include provisions restraining your ex...

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What is a Subpoena?

What is a Subpoena?

A Subpoena is a legal document issued by the Court at the request of a party to a case. A subpoena compels a person to produce specific documents or give evidence at a hearing or trial. There are three types of subpoena: a Subpoena for production a Subpoena to give...

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Parenting Orders and Christmas Travel

Parenting Orders and Christmas Travel

As the summer school holidays fast approach and Covid-19 restrictions ease many families will be planning to travel over the Christmas period. For those parents who are co-parenting arranging travel is slightly more complicated and often requires earlier planning....

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I’ve Separated – What Do I Do Now? – Don’t Delay

I’ve Separated – What Do I Do Now? – Don’t Delay

Any additional assets or income that are accumulated after the separation will be at risk of a claim.  The property division will normally be decided on the value of the assets available at the time of the division - not on the value at separation.  You may for...

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I’ve Separated – What Do I Do Now? – Don’t Cut Corners

I’ve Separated – What Do I Do Now? – Don’t Cut Corners

There are significant risks of not formally documenting (by way of a Court order or Financial Agreement) an agreement that you may reach about property or maintenance. Informal, casual, or handshake agreements carry a very significant risk for you, your family, and...

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    ABN: 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000