When Can I Apply For a Divorce?
It is important to note that a Divorce is not the same as a property settlement. This is a very common misconception. A property settlement addresses the division and distribution of the party’s assets and liabilities after separation. Whereas, a Divorce (usually...
Top Tips for dealing with Undisclosed Assets in Family Law Matters – Forensic Accountants
Nevett Ford Lawyers has had a wealth of experience in dealing with recalcitrant parties to family law disputes and exploring avenues to ensure that a full understanding of the assets is available. We list five effective methods to get the clarity you need. Forensic...
Top Tips for dealing with Undisclosed Assets in Family Law Matters – Subpoena
Nevett Ford Lawyers has had a wealth of experience in dealing with recalcitrant parties to family law disputes and exploring avenues to ensure that a full understanding of the assets is available. Our “Top Tips” series will provide five effective methods for dealing...
‘Kerb Side’ Appraisals Versus Professional Valuations in Family Law Matters
Property valuations are incredibly helpful tools used by Lawyers and parties to determine the current market value of real estate subject to Family Law matters. These reports are often relied upon as crucial evidence in property negotiations and Court proceedings. A...
Top Tips for dealing with Undisclosed Assets in Family Law Matters – Searches
Nevett Ford Lawyers has had a wealth of experience in dealing with recalcitrant parties to family law disputes and exploring avenues to ensure that a full understanding of the assets is available. Our “Top Tips” series will provide five effective methods for dealing...
Top Tips for Dealing with Undisclosed Assets in Family Law Matters – The Duty of Disclosure
Nevett Ford Lawyers has had a wealth of experience in dealing with recalcitrant parties to family law disputes and exploring avenues to ensure that a full understanding of the assets is available. Our "Top Tips" series will provide five effective methods for dealing...
Family Law Critical Incident List
On 3 June 2022, the Federal Circuit and Family Court of Australia announced the introduction of the Family Law Critical Incident List. The Court has established a fast-tracked process to help families who need to make appropriate arrangements for children where no...
The Four Blogs of Christmas – Does the Federal Circuit and Family Court close over Christmas and New Year?
If you are seeking to file proceedings over the Christmas and New Year period it is important to note that the Federal Circuit and Family Court of Australia’s operating hours in certain registries will be reduced over December and January. You can still file material...
The Four Blogs of Christmas – Sharing the kids during the festive season, what are my options?
Various arrangements can be made to cater to your family’s individual needs and traditions over the Christmas period. If you do not currently have any agreed schedule in place outlining where the children will spend Christmas Eve, Christmas Day and Boxing Day then you...
The Four Blogs of Christmas – Domestic Violence and the Festive Season
Statistics show that individuals in abusive relationships often suffer increased risk over the festive holiday season. This time of year usually entails family gatherings, family holidays, financial pressures, increased access to alcohol and usually more time at home...
The Four Blogs of Christmas – Planning a summer holiday with the kids?
The summer school holidays are just around the corner. If you are a party to a parenting agreement or parenting order and are planning to take your children on a summer holiday be sure to thoroughly review your Orders/agreement before making concrete plans. Most...
Paid Family Violence Leave to Come into Effect in Early 2023
The impacts of family violence can be significant, not only emotionally and physically, but financially too. In many cases, those affected by violence have felt unable to take steps to leave their situation because of the risk to their employment or financial...
Will an IVO prevent my ex-partner from spending time with the children?
If you have a written parenting agreement or there are Family Court Orders in place then they will take precedent over the Intervention Order (IVO). To allow for this most IVO’s where children are named as ‘protected persons’ include the following standard exception...
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...
When does a same sex relationship qualify as ‘defacto’?
A de facto relationship is defined in Section 4AA of the Family Law Act 1975. The law requires that you and your former partner, who may be of the same or other sex, had a relationship as a couple living together on a genuine domestic basis. Due to same sex marriage...
What is a Family Report?
A Family Report is a document written by a family consultant appointed by the Court. It provides an independent assessment of the issues in the case and can help the Judge hearing the case to make decisions about arrangements for the children. It may also help the...
Can grandparents seek visitation of their grandchildren?
The Family Law Act 1975 (Cth) recognises that children have a right to maintain ‘meaningful relationship’ with those who are considered important to their welfare, care, and development. It specifically refers to grandparents as being included in that category of...
Who are Independent Children’s Lawyers and how may they be involved your Parenting Matter?
Independent Children's Lawyers (ICLs) are used in the Australian Family Law Courts ("the Courts") for difficult, complex and sensitive cases which involves allegations of family violence, child abuse, neglect, or where there are high levels of conflict between...
How long do I need to be separated for before applying for a Divorce?
If you consider your relationship to be ‘irretrievably broken down’ and you have been separated for a consecutive period of no less than twelve months then you will be eligible to apply for a Divorce. If during the twelve month period you have been living separately...
How do I know if my relationship qualifies as ‘De-facto’?
A De-facto relationship exists between two people if: They are not legally married to each other; They are not relatives (related by blood); and Are living together as a couple (in a romantic relationship) on a genuine domestic basis. Alternatively, if a couple has...
Say “I do” to a Prenup – the relationship ‘insurance policy’
In recent months news outlets have reported that popstar Britney Spears has married her fiancé and third Husband Sam Asghari. It has been reported that prior to the wedding the parties signed an ‘iron clad’ Prenup (or as it is called in Australia a Binding Financial...
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