Family Law

01 Sep

Posted at 00:00h in Family Law

Written by Bev Clark (Adelaide Family Lawyer) When humans experience adversity – such as loss of a job or the breakdown of an important relationship – they will often suffer grief and loss, anxiety, depression, hurt, pain, betrayal and a myriad of other emotions. This is totally understandable in the circumstances.  Normally, they will recover and heal and move on with their lives. They are willing to make compromises to resolve differences and settle conflicts. On the other hand, high conflict cases usually involve individuals who suffer from a personality disorder – the product of genetics, poor early childhood attachment, trauma, poor modelling or temperament – to name a few of the known roots of this problem. For those folk, they struggle at the best of times to manage their emotions so it is no surprise that when faced with adversity such as that associated with a relationship breakdown, their behaviour can add to the conflict in the case. When we are highly emotional, the part of our brain that controls rational thinking shuts down and the part of our brain designed to provide us with the ability to avoid danger – by flight or fight – kicks in. People with personality disorders can display a lack...

01 Jun

Posted at 00:00h in Family Law

Written by  Erica Panagakos, Associate erica@bc-lawyers.com.au After years of ‘online dating’ being popular, ‘online separating’ is the way of the future – the Family and Federal Circuit Courts of Australia are making a shift to electronic filing of Applications for Divorce through the Commonwealth Courts Portal, the Courts’ electronic database. Parties can now complete an Application for Divorce through the Portal by using an interactive form to guide them through the process, step-by-step. Whilst parties will no longer be able to download the ‘Application for Divorce Kit’ from the Courts’ websites, the Courts’ web pages have been updated to include new guides to assist parties navigating their way through the electronic filing process. The shift to ‘eDivorce’ will alleviate the need for parties to attend at the Court Registry and should make the filing process more convenient for self-represented litigants. The filing fee associated with filing an Application for Divorce can also be paid online. Once an Application for Divorce is filed, divorcing parties will be able to access filed documents online, at any time, via the Portal and the Court will be able to notify the parties by email if there is any activity on their file. The ‘eDivorce’ process also enables parties to have...

01 Nov

Posted at 00:00h in Family Law

First published in Lexology: November 19, 2015 If you control a family trust, it’s not enough to have a Will. You also need a more comprehensive estate plan that determines who replaces you as controller of your family trust in the event that you lose capacity. Each week there are more than 1,800 new cases of dementia diagnosed in Australia. Given these statistics, it is impossible to overstate the importance of planning for incapacity, not just death. Who controls a family trust? “Appointor” is the term used in many discretionary family trust deeds to describe the person who has the power to appoint and remove the trustee.  The appointor is also commonly referred to as guardian, protector or principal.  The person who holds this power will ultimately control the trust. Whilst the position of appointor is commonly associated with the power to remove and replace the trustee, the trust deed can give the appointor other powers.  For example, an appointor or guardian may have “reserve powers” which require the trustee to obtain the consent of the appointor or guardian before exercising certain express powers, say, adding beneficiaries or distributing income or capital to certain specified beneficiaries. For these reasons, it is essential in any estate plan...

01 Jul

Posted at 00:00h in Family Law

A fabulous short video has been launched featuring South Australian parents, and quotes from children, to illustrate the challenges that many separated families face. Often in family breakdown the voice of the child is lost – and this video assists to ensure that their voice is the central focus. This video is a great tool for parents going through a separation....

01 May

Posted at 00:00h in Family Law

When you are going through the pain of a divorce or separation it is sometimes hard to imagine a future where the hurt and the pain is a distant memory. To guide you through the tough times it may be helpful to commit aspirations that may keep you on track to that amicable divorce you want to achieve. The following are ideas that may assist you in creating your own aspirations checklist: At the end of my divorce, I want the following to be true:  I was honest and had integrity throughout the entire process;  My former spouse and I were kind to each other;  My children are supported by two parents who are able to cooperate in co-parenting;  We did not need to go to Court to settle our differences;  We spent as little money as possible on our separation process and preserved our assets for ourselves and our children rather than paying for expensive litigation;  My former spouse and I were fair to each other in the division of our assets and resources;  I respect my former spouse;  My relationship with my former spouse is friendly, civil and respectful;  My children were not exposed to conflict between their parents;  I...

01 May

Posted at 00:00h in Family Law

According to the Australian Institute of Family Studies,  approximately 40 percent of marriages end in divorce in Australia. We are committed to non-court resolution options (mediation, negotiation, collaborative resolution) where ever reasonably possible. Settlements will often be “registered ” with the Family Court by way of an Application For Consent Orders. Court fees apply. Divorce Applications also attract court fees. Sadly separating couples who are planning to get a divorce or families experiencing a breakdown will be subject to dramatically increased court fees under the federal government’s new budget. It has been reported that the fee to apply for divorce will “significantly rise” under the new fee schedule. It is currently $845.00.  It is suggested that the divorce fee may raise to $1200 from July 1 this year. Details will be available from late June early July. A spokeswoman for the federal Attorney General has confirmed the fee increases but said the full details would not be available until July 1st. Accordingly separated couples considering a divorce application or court applications (including consent orders) may want to obtain urgent advice about commencing such application before the 1st of July. ...

17 Jul

Posted at 00:00h in Family Law

It is often the case when I ask a client why they have come to see me they respond by saying “I want a divorce”. When exploring that statement further it becomes clear that the client themselves don’t know what they are asking for. A Divorce does not in itself deal with or finalise issues such as property division or parenting arrangement of the children of the marriage. A separate and different application is required. A Divorce is the end of the legal union of the marriage. That’s it. How do you get Divorced? In Australia, we have what is called “No Fault Divorce”. That is, no reason has to be given in order to grant a Divorce other than the husband and wife have suffered an “irretrievable breakdown in their marriage”. In other words they must establish that there is no likelihood that they will get back together. This is usually achieved by being separated from each other. The minimum separation period is 12 months and 1 day. Once the period of separation has been established, either the husband or the wife (spouse) or by them both, can complete a Divorce Application and file it with the Court. There are different requirements depending...

01 Jul

Posted at 00:00h in Family Law

Come to a free seminar to learn about your divorce process options. There is no one way of doing anything. The way you choose to approach your divorce and separation will have an impact on the outcome you achieve. With the right guidance, you will gain greater insight into what can be a confusing and overwhelming process. Our seminar is a resource to help you decide which divorce option is best for you and your family. Topics include: Divorce Options Ð presented by a Senior Family Lawyer ¥ Self-representation ¥ Mediation ¥ Collaboration ¥ Lawyer negotiation ¥ Litigation Family Issues Ð presented by a specialist Child & Family Therapist ¥ Emotional process of divorce ¥ How to break the news ¥ Impact on children Financial Issues Ð presented by a Financial Advisor ¥ Preparing the asset register ¥ Planning for the future ¥ Benefits of financial expert on the divorce team When: 5pm Ð 6pm on the third Wednesday of each month (excluding December). See www.collaborativepracticesa.com.au for other dates. Where: 11 Halifax Street, Adelaide SA 5000. Phone 8212 1322 or 8221 7020 to make a booking. Bookings essential...

01 Jul

Posted at 00:00h in Family Law

Come to a free seminar to learn about your divorce process options. There is no one way of doing anything. The way you choose to approach your divorce and separation will have an impact on the outcome you achieve. With the right guidance, you will gain greater insight into what can be a confusing and overwhelming process. Our seminar is a resource to help you decide which divorce option is best for you and your family. Topics include: Divorce Options – presented by a Senior Family Lawyer Self-representation Mediation Collaboration Lawyer negotiation Litigation Family Issues – presented by a specialist Child & Family Therapist: Emotional process of divorce How to break the news Impact on children Financial Issues – presented by a Financial Advisor: Preparing the asset register Planning for the future Benefits of financial expert on the divorce team When: 5 pm – 6 pm on the third Wednesday of each month (excluding December). See www.collaborativepracticesa.com.au for other dates. Where: 11 Halifax Street, Adelaide SA 5000. Phone 8212 1322 or 8221 7020 to make a booking. Bookings essential....

01 Jul

Posted at 00:00h in Family Law

It is often the case when I ask a client why they have come to see me they respond by saying ñI want a divorceî. When exploring that statement further it becomes clear that the client themselves donÍt know what they are asking for. A Divorce does not in itself deal with or finalise issues such as property division or parenting arrangement of the children of the marriage. A separate and different application is required. A Divorce is the end of the legal union of the marriage. ThatÍs it. How do you get Divorced? In Australia we have what is called ñNo Fault Divorceî. That is, no reason has to be given in order to grant a Divorce other than the husband and wife have suffered an ñirretrievable breakdown in their marriageî. In other words they must establish that there is no likelihood that they will get back together. This is usually achieved by being separated from each other. The minimum separation period is 12 months and 1 day. Once the period of separation has been established, either the husband or the wife (spouse) or by them both, can complete a Divorce Application and file it with the Court. There are different requirements depending...

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