Divorce

Decoding Cryptocurrency: Unravelling Its Impact on Family Law Settlements 08.06.23 Cryptocurrencies are a new form of digital asset that exists on the blockchain. It is stored using wallets using a unique address for each wallet. Cryptocurrency is considered property in relation to the Family Law Act. It must be disclosed as part of a party’s obligations to provide full and frank financial disclosure. Non-disclosure may lead to adverse inferences or potentially form the basis for setting aside Orders due to non-disclosure.

Moving On: Navigating the Breakdown of Your Relationship and Who Gets to Stay in the Family Home 29.05.23 When love takes a detour into separation, navigating the intricate labyrinth of legalities, particularly regarding the former matrimonial home, is a daunting task. Despite the emotional turmoil, the question of 'Who gets to stay in the house?' rears its head, catapulting this issue to the forefront of separation disputes. This article unravels the complexities surrounding the concept of sole occupancy of the former matrimonial home, diving deep into key legal provisions under the Family Law Act 1975. We will explore the factors the court weighs in while deciding on occupancy and scrutinise the profound implications of these legal rulings.

Successful appeal in the Federal Circuit and Family Court of Australia re Spousal Maintenance 12.09.22 The Ramsden Family Law team was successful in a recent appeal by the husband against interim spousal maintenance orders. The appeal is a great example showing how the Courts revisit and review a decision where there has been an error of law.

What Is A Harman Undertaking - Family Law 03.11.22 Dealing with Family Law matters may mean having to deal with more than one form proceedings. Generally, parties to a Family Law proceeding are compelled to disclose documents and information through either court rules or specific court orders (discovery or subpoenas) throughout the matter to the other party and or third parties.

4 Step Property Settlement Process 14.11.22 After sharing a life together, it can be difficult to decide how to divide property between parties to a marriage or in a de-facto relationship, therefore making it uncommon to fall into a dispute about dividing the property accumulated during the relationship.

What Is The Role Of An ICL In Family Law Proceedings? 27.01.23 Independent Children's Lawyers (ICLs) are appointed by the Family Court and specialise in representing children who face challenges during parental separation. Private Lawyers are taking on ICL responsibilities understand that their compensation does not correlate with the extensive work required. Nonetheless, they proceed with their duties, aiming to propose solutions to the Court that can positively impact the children involved. Reece Ramsden, Partner and Director, sheds light on the crucial yet inadequately funded nature of this role.

Introducing Paid Family And Domestic Violence Leave To Australian Employment 14.02.23 Australia announces that they are changing family and domestic violence leave from unpaid to paid leave. So, what does this mean for people who have endured domestic violence and their employment moving forward? Ramsden Lawyers, Family Lawyer XXX discusses this in their latest article. Find out more.

Pet Custody Dispute: How Our Law Firm Successfully Represented A Client In A Small Claims Division Case 16.02.23 Australia announces that they are changing family and domestic violence leave from unpaid to paid leave. So, what does this mean for people who have endured domestic violence and their employment moving forward? Ramsden Lawyers, Family Law Special Counsel Daniel Rod discusses this in their latest article. Find out more.

Time Limits in Family Law - How Long Do I Have To Pursue My Matter In Court? 15.07.22 Divorce, property settlement, and spousal maintenance proceedings are all accompanied by Court regulated time limits and constraints and differ depending on whether you are party to a marriage or de facto relationship. There are constrained circumstances to which a party may grant leave from the Court to pursue an action outside of the prescribed time limit. The Court will consider if the party has a genuine reason for applying to the Court outside of these restraints, including the hardship that may be incurred if that party is prevented from applying, and any disadvantage to the other party. If you decide to file an application or commence proceedings, it is important you are aware of the various restrictions.

Joint Divorce vs Sole Divorce Applications – Which Option Would Work Best For Me? 24.06.22 Making a divorce application in Australia is, generally speaking, a straightforward process and in comparison to some other jurisdictions, it is a quick process. Many ex-spouses will make a joint decision to make an application, in the spirit of cooperation and ensuring the process is as smooth as possible for all parties involved, including any children of the marriage.

Drug Testing in Family Law Matters 28.04.22 Drug testing may be a necessary process in your family law matter where one party has an allegation of drug use against them. The court may order a hair follicle test, urine analysis, or blood test, to obtain results of a drug test, depending on the circumstances of the matter. It is essential to determine the existence and extremity of any drug use present in a parenting matter to ensure the best interests of the child are not undermined. A positive drug test result will likely affect a parent’s time with the child. This includes recreational drug use, which is less severe than drug use due to dependency but is still taken into account.

Can My Ex Partner Claim On My Estate When I Die? 25.03.22 Can my ex-partner claim on my estate when I die