Family Law

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...

01 Sep

Posted at 00:00h in Family Law

If you are looking for answers to the common questions about relationship counselling, information can be found through Relationship Australia’s website. If counselling hasn’t worked for you and your relationship has broken down irretrievably, talk to our team about how you can choose to resolve your dispute respectfully – we promise that it’s better for everyone involved, especially kids caught in the middle! Belperio Clark’s Adelaide family lawyers are proud to be part of the Adelaide Collaborative Practice Group and pride themselves on their ability to work as a team to find the best solution for you and your personal situation. If you would like further information about Collaborative Practice or would like to book an appointment please call on 8212 1322. Alternatively, if you feel you are not ready to sit down one to one with a lawyer in a formal appointment you can come to one of our free ‘Relationship Breakdown‘ seminars for a general chat with our experienced family lawyers....

01 Sep

Posted at 00:00h in Family Law

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 Ð especially if they have children Ð 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 25th of October 2017 between 5-6pm to meet and talk to a family lawyer about relationship breakdown solutions. Take a look at Erica and BevÕs professional profiles for insight into our experienced family law team. Call us on 08 82121322 to reserve a spot or to find out more information....

01 Sep

Posted at 00:00h in Family Law

We are thrilled to announce that Doyle’s Guide to the Australian Legal Profession has recommended our very own, Bev Clark in the categories of “Leading Family & Divorce Lawyers – South Australia 2017” and “Leading Parenting, Custody & Children’s Matters Lawyers – South Australia 2017”! Bev is committed to achieving the best outcomes for her clients. She understands the importance of exploring opportunities to resolve matters and works hard to ensure that her clients are supported and properly represented through the legal process. Bev was one of the first two lawyers in SA trained in Collaborative Law and is a founding and active member of the Adelaide Collaborative Practice Group and the Australian Association of Collaborative Professionals. She regularly presents on Collaborative Law and attends the International Academy of Collaborative Professionals’ conference in America each year. Bev has been involved in over 100 Collaborative cases including the first cases in SA. She now trains other Collaborative Professionals. We’re also very proud to announce that our firm has been recommended in the category of “Leading Family & Divorce Law Firms – South Australia 2017”. Our family lawyers are experienced professionals who provide a high level of cost-effective, resolution focused service. For more information about our Family Law services, please contact...

01 Aug

Posted at 00:00h in Family Law

As a busy Adelaide Family law firm you would think we spend a lot of time in the Family Court but as we see Court as a last resort and have a strong focus on keeping our clients out of Court, we donÕt spend a lot of time there. There are very few matters that really need to be litigated and we only litigate when it is warranted. Relocation is one area of Family law which is often hard to settle. If one party wishes to relocate with the children after separation or divorce and that would affect the relationship the other party has with the children, it is no surprise that it is hard to compromise. For example, if one party came from England leaving behind all their family and friends, and then had children in Australia with their partner, upon their separation they may wish to return home to England and take the children with them. It is understandable that they would feel strongly that they ought to be able to return to their family and familiar surrounds. It is understandable that if they are the primary carer of the children that they would want to take the children with...

01 Aug

Posted at 00:00h in Family Law

Bev is an experienced lawyer in a range of areas including family law, collaborative practice and personal injury. Bev has been practicing as a lawyer in Adelaide for over 25 years. Bev is committed to achieving the best outcomes for her clients. She understands the importance of exploring opportunities to resolve matters and works hard to ensure that her clients are supported and properly represented through the legal process. If you’re looking for an experienced family lawyer in Adelaide call us on 08 82121322 to book an appointment with Bev. Family law is a specialised area of law. It requires not only technical legal expertise but a good understanding of the emotional landscape surrounding the breakdown of an important relationship. There are many family lawyers in Adelaide but very few who are able to work across all five options for dispute resolution. There are five ways a matter can be resolved. Very few matters need to be litigated in Court. It is vital to see a family lawyer who understands and who can guide you toward the process that is right for you and for your family. The choice of dispute resolution process will influence not only the outcome of a family law matter but...

01 Jul

Posted at 00:00h in Family Law

As Adelaide Family Lawyers you would think we spend a lot of time in the Family Court… Our Adelaide law firm sees Court as a last resort and has a strong focus on keeping our clients out of Court, we don’t spend a lot of time there.  There are very few matters that really need to be litigated and we only litigate when it is warranted and most good Adelaide Family lawyers would agree. Relocation is one area of Family law which is often hard to settle. If one party wishes to relocate with the children after separation or divorce and that would affect the relationship the other party has with the children, it is no surprise that it is hard to compromise. For example, if one party came from England leaving behind all their family and friends, and then had children in Australia with their partner, upon their separation they may wish to return home to England and take the children with them. It is understandable that they would feel strongly that they ought to be able to return to their family and familiar surrounds. It is understandable that if they are the primary carer of the children that they would want...

01 Jul

Posted at 00:00h in Family Law

Family Lawyers Adelaide – How to find the best family lawyer for the job How do you find the best family lawyers in Adelaide? Family law is a specialised area of law. It requires not only technical legal expertise but a good understanding of the emotional landscape surrounding the breakdown of an important relationship. There are many family lawyers in Adelaide but very few who are able to work on all five options for dispute resolution. There are five ways a matter can be resolved. Very few matters need to be litigated in Court. It is vital to see a family lawyer who understands and who can guide you toward the process that is right for you and for your family. The choice of dispute resolution process will influence not only the outcome of a family law matter but the costs associated with its conduct. All family lawyers at Belperio Clark are trained mediators, collaborative practitioners as well as skilled family lawyers. Our 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. We understand the unique nature of family relationships...

01 May

Posted at 00:00h in Family Law

In a recent interview with GQ Style, legendary actor, producer and all round spunk Brad Pitt http://www.gq.com/story/brad-pitt-gq-style-cover-story has spoken out about his divorce and his observations of litigation which strongly align with our firm’s values and beliefs. “I heard one lawyer say, “No one wins in court—it’s just a matter of who gets hurt worse. And it seems to be true, you spend a year just focused on building a case to prove your point and why you’re right and why they’re wrong, and it’s just an investment in vitriolic hatred. I just refuse. And fortunately, my partner in this agrees. It’s just very, very jarring for the kids, to suddenly have their family ripped apart.” We could not agree with Pitt more. This is why our firm takes a different approach. We encourage separating parties to resolve their disputes in a non-invasive, less expensive, more respectful way and work hard to keep their disputes out of Court. We applaud Brad and Angelina for choosing to settle their differences without resorting to the long, unpredictable, expensive and emotional Court process. To learn more about alternative dispute resolution such as mediation and/or Collaborative Law, please contact our Family Law team by telephoning (08) 8212 1322 during business...

01 Mar

Posted at 00:00h in Family Law

Bad mouthing, Denigration and other games people play that harm the children When families separate they often complain about each other exposing the children to derogatory comments about the other parent. Sometimes parents do bad mouth the other parent to the children and sometimes they bad mouth them in front of the children. Sometimes extended family members participate in this as well. This behaviour is very damaging to children who are already going through enough difficulty coming to terms with the fact that mum and dad are no longer together. Sometimes we are quick to be critical of parents who behave in this way but it is helpful to understand that although the behaviour is inappropriate, it sometimes comes from a place of hurt and high emotion at a time when the parent is struggling to manage their emotional state. This is not said to condone this behaviour but is said to try to understand it. The solution, if the matter is before the Family Court, is for the Court to make injunctions which are Orders directing a person not to denigrate the other parent to or in front of the child or children and not to allow others to do so. Whilst this...

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