Family Law

25 Jan

Posted at 17:21h in Family Law, General

Co-parenting – Nesting Arrangements Nesting is a concept emerging from cases where parents have concerns about the negative impact a separation has on their children and they wish to maximize their children's stability. Nesting refers to an arrangement whereby the children remain in the family home and the parents take turns living in the home with the children. In our society, it is more common for the children to shuttle back and forth between the parents in their new separate residences, but some families either in the short or long term prefer not to impose such an arrangement on their children. In most situations, parents adopt this approach as a temporary measure either during the early stages of their separation or in some cases to enable a child to complete their high school education without disruption. Benefits The children have continuity and their routine is not disrupted. There is an ease of reconciliation in the event that the parents are only trialling a separation, whilst ensuring that both parents can maximize their time with the children. The children have stability. The children can live in their familiar environment while they get used to the reality of the separation. The parents have an opportunity...

13 Aug

Posted at 11:26h in Family Law

Splitting up together - Nesting after separation Not many couples can share accommodation after they separate. For some this causes difficulty as they may not be able to afford to fund the purchase or rent of a suitable second residence where the children will be comfortable. The also may not like the idea of the children moving from home to home and the disruption that comes with that. The Family Court cannot order couples to share accommodation after they separate but for some couples who want to maximise their time with the children on a shared basis but not have the children move from home to home on a week about basis, they can agree to nest. This is a term that was coined in America where it is more common, and has recently turned up in a sitcom produced by Ellen DeGeneres called Splitting up Together. The concept of Nesting is that the parents rent or buy a smaller single person dwelling, and then the parent whose week it is to spend with the children lives with the children in the family home. The parents then rotate between the home and the single dwelling usually on a week about basis. This means...

27 Jul

Posted at 16:08h in Family Law, General

At Belperio Clark we pride ourselves on finding the best possible solution for our clients. Our family law solicitors handle all aspects of family and de facto law matters. We recognise that leaving a relationship is stressful, especially if there are children involved. There are usually financial, emotional, and legal issues that need to be addressed. You may only separate once, but we deal with relationship breakdowns everyday. We can provide you with the support and legal assistance that you require to act for yourself, and if you reach an agreement we can prepare the necessary documents to have it formalised. Alternatively, we can handle your matter from start to finish. Our family lawyers are experienced professionals who can guide you through the separation process with care and understanding. We provide a high level of service that is cost effective and resolution focused. We are experienced at resolving disputes both in and out of Court, but we see Court as a last resort. We will help you to choose the dispute resolution process that is best for your family. We are not like other lawyers, and we are proud of that. Let our family help yours. Here's some recent feedback that one of our experience family law...

25 Jun

Posted at 14:24h in Collaborative Practice, Family Law, General

Free Relationship Breakdown Seminar Our next Free Relationship Breakdown Seminar is running on the 18th of July 2018! Have you booked your spot? Our team of Adelaide family lawyers can advise you of your rights in relation to all aspects of a relationship breakdown. We encourage you to discuss your concerns with us so that we may assist you to develop solutions. Our family lawyers consider that when parties separate or their relationship breaks down, the type of process they use to resolve any dispute will have a big impact on the outcome. Not all matters need a heavy hand. Not all matters need the huge expense and long delays that come with Court based processes. Most parties are better off – especially if they have children – using Mediation or Collaboration. We are committed to assisting parties to learn about the options available and what they look like. We run free seminars in our Sturt Street premises each month. Come along on to our next free family law seminar on Wednesday the 18th of July 2018 between 5-6pm to meet and talk to a family lawyer about relationship breakdown solutions. Book your spot today! Call us on 08 82121322 to reserve a spot or to...

23 May

Posted at 14:20h in Family Law, General

  Written by Bev Clark  At the beginning of a relationship, when both parties have love in their hearts and rose coloured glasses firmly planted on their face, neither party is anticipating the possibility that the relationship may fail. The reality is however, that a high proportion of relationships will indeed fail. The most common reasons for failure, not necessarily in order, are: Financial Incapacity – Not everyone has the same relationship with money, and if parties to a relationship are incompatible in this regard it is not surprising that it can be a source of contention in a relationship. If one party lives for the moment and spends what they earn and the other party prefers to live frugally and within their means, saving funds for the future, then arguments are going to ensue. In the ideal world, couples will have discussed their financial goals and have a good understanding of their financial habits prior to making a commitment to each other. Often, however, they do not openly discuss these things and only discover the incompatibility when the relationship is underway. Addiction – Addiction comes in many forms. It could be illegal substances, alcohol, pornography, gambling or prescription medication. It could be an obsession...

19 Apr

Posted at 14:35h in Collaborative Practice, Family Law

Parenting - Best interests of the child Written by Bev Clark  As a parent, your primary concern is the best interests of your children. In a family breakdown, the Family Law Act requires the Court to regard the best interests of the child as the most important consideration. The Act makes it clear that both parents are responsible for the care, welfare and development of their children until they reach 18, and there is a presumption that arrangements that involve shared responsibilities and cooperation between the parents are in the best interests of the child. In deciding what is in the best interests of the child, the Court takes into consideration: The benefit of children having a meaningful relationship with both parents; The need to protect children from physical or psychological harm from being exposed to family violence or neglect; The views of the child, and factors that affect those views, such as the child’s age and maturity; The child’s relationship with each of the parents and extended family; The willingness and ability of each parent to facilitate and encourage a relationship between the child and the other parent; The likely effect of the child’s changed circumstances, including separation from a parent or a person...

28 Feb

Posted at 16:09h in Family Law, General

  The recent article found on news.com as listed below has struck a particular note with our family law team. http://www.news.com.au/national/south-australia/engage4changesa-australian-institute-of-health-and-welfare-report-shows-extent-of-domestic-violence-across-australia/news-story/aab32fdde24993771ca49701487418dc Sadly, family or domestic violence is an issue that our family lawyers encounter on a regular basis. This article highlights the extent of family violence across the country and confirms that it is not something that just affects adults with apparently over 25,000 children either living homeless or at risk of homelessness as a result of family violence. Whilst it is mainly women and children who are victims of family violence, we also see a lot of men who have been abused by their partners, or who require assistance as a result of having been accused of family violence. At Belperio Clark, we appreciate the sensitive nature of matters involving family violence. If you or someone you know needs legal assistance with a family law matter involving family violence, please do not hesitate to contact us on 8212 1322. To learn about our other family law services, please visit our family law page....

20 Feb

Posted at 17:31h in Family Law

Our next Relationship Breakdown Seminar is running on the 21st of March 2018! Have you booked your spot? Our team of Adelaide family lawyers can advise you of your rights in relation to all aspects of a relationship breakdown. We encourage you to discuss your concerns with us so that we may assist you to develop solutions. Our family lawyers consider that when parties separate or their relationship breaks down, the type of process they use to resolve any dispute will have a big impact on the outcome. Not all matters need a heavy hand. Not all matters need the huge expense and long delays that come with Court based processes. Most parties are better off – especially if they have children – using Mediation or Collaboration. We are committed to assisting parties to learn about the options available and what they look like. We run free seminars in our Sturt Street premises each month. Come along on to our next free family law seminar on Wednesday the 21st of March 2018 between 5-6pm to meet and talk to a family lawyer about relationship breakdown solutions. Take a look at Erica and Bev’s professional profiles for insight into our experienced family law team. Call us on...

01 Oct

Posted at 00:00h in Dispute Resolution, Family Law

Written by Erica Panagakos The Judges of the Federal Circuit Court of Australia recently invited lawyers practising in family law to attend a seminar. During the seminar, the Judges expressed frustration at the number of lawyers who wait until they are at Court for a hearing or conference before making a genuine attempt to resolve their clients’ disputes. I have always considered dispute resolution to be the aim of the game and I too am increasingly frustrated by lawyers who get caught up in their clients’ emotions and “pump up” a fight instead of recognising that it is in their clients’ best interest to diffuse it. The seminar caused me to reflect on my recent involvement in a matter that was listed for a conciliation conference with a Registrar of the Court. The parties had a very modest asset pool comprising a small amount of equity in the former matrimonial home, basic furniture, old cars and modest superannuation. The facts of the case are not remarkable – both parties are of similar age, earning a similar income. There were no contributions of significance by either party at the time of cohabitation or during the relationship and the parties had no children. The...

01 Oct

Posted at 00:00h in Family Law

Written by Bev Clark  The Relationships Register Act 2016 (SA) enables the registration of a relationship in South Australia. Registration is available from the 1st of August 2017. I have seen no media announcement in relation to this. I appreciate that on the 15th of November 2017 we will discover the outcome of the Australia wide postal vote on whether or not the majority of us agree to allow same-sex couples to be married in Australia. Even if the vote is yes there will be some couples who choose not to marry – no different to heterosexual couples who may choose not to marry. Regardless, couples are now able to register their relationship in South Australia. At the present time, some parties in de facto relationships experience difficulties in obtaining entitlements from Centrelink, or in relation to insurance or superannuation because they need to establish through evidence that they are in fact an eligible de facto couple. There are different criteria in different pieces of legislation as to what is required to establish such a relationship. This simply adds to the confusion and difficulties faced by many. In family law, there are many cases where the parties may be in dispute as to whether or not a...

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