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Farming in Divorces
Do I Have to Sell My Farm in a Divorce? Property Settlement Rules for Farming Families Dividing property in a divorce is complex for farming families, where farms are often lifelong, inherited assets. Despite emotional and historical ties, courts treat farms like any other property. Associate Nichole Schippani explains how farming assets are assessed, the court’s approach to settlements, and ways to protect your farm.
The Role of Drug and Alcohol Testing in Family Law Matters Substance dependency is a common issue that arises in parenting matters and consideration must be given to how a historical or current drug and alcohol dependency is weighed and managed in assessing any risk to a child. As part of the management of the risks to children that historical and current dependencies pose, accurate and reliable testing methods can be used in family law matters. This article will explore the significance of different types of testing in family law matters, the beneficial impact of this testing on assisting in determining what arrangements are in the best interests of the children.
Family Court process
Understanding the Family Court Process in Australia: A Step-by-Step Guide Family matters present many social and emotional issues, as well as legal issues, for individuals experiencing a family breakdown. When court proceedings are necessary, this adds an extra layer of conflict and legal complexity to the matter, and having legal support to take you through the process is key.
Marriage and De Facto
Marriage vs. De Facto Relationships Marriage and de facto relationships offer similar rights under Australian law, but critical differences can affect your entitlements during and after the relationship ends. Learn what sets them apart and how to protect your position.
How Australian Family Law is Changing to Address Coercive Control Recognising coercive control as a form of abuse is transforming Australian family law, influencing court decisions and enhancing protections for victims. This form of non-physical abuse has become central to how courts assess family violence, with a focus on patterns of controlling behaviour over isolated incidents. In this article, Associate Natalie Stenzel explains the nature of coercive control and recent legal developments, including a landmark ruling in the Federal Circuit and Family Court of Australia.
Property settlement and asset division
The Crucial Role of Financial Disclosure in Family Law Matters When it comes to disclosure in family law matters it is easy to feel overwhelmed by the sheer volume of paperwork, the intricate details, and the seemingly endless process. It can be tempting to cut corners however, the importance of comprehensive financial disclosure in family law matters cannot be overstated. In this article, Partner Reece Ramsden and Law Clerk Isabella O'Connor explain the intricacies of financial disclosure, why it is important, and what happens when you fail to disclose something.
When Can I Apply for a Divorce? How long do you need to be separated for before applying for a divorce in Australia? In this article, Special Counsel Matthew Shepherd explains the 12 month separation requirement, the evidence needed to prove separation and for marriages lasting less than two years. He also discusses how divorce relates to property settlements and spousal maintenance entitlements.
Tips for Using Your Family Lawyer Cost Efficiently Most family lawyers charge based on time, therefore, the more effectively you use their time, the less it will cost you. In this article, Special Counsel Matthew Shepherd shares eight simple tips to help you save both time and money.
What to Expect During a Divorce Hearing – Can It Proceed in Your Absence? If you have filed for divorce in Australia, you may be wondering whether you need to attend the divorce hearing and what happens if you cannot be present. In this article we explain what to expect during a divorce hearing, when attendance is required, and what happens if you're unable to attend.
The Benefits of Using a Solicitor Who Specialises in Family Law The days of lawyers ‘dabbling’ in family law are long gone. When it comes to family law matters, experience and expertise can mean the difference between a successful outcome and a costly mistake. In this article, Special Counsel Matthew Shepherd explores the case of Zandas & Zandas [2014], which serves as a reminder of the risks involved when a lawyer lacks the specialised knowledge required to handle complex family law matters.
New Coercive Control Laws in New South Wales and What Do They Mean For Family Law New coercive control laws in New South Wales are transforming how domestic violence is addressed in both criminal and family law. Designed to protect victims and hold offenders accountable, the full impact of these changes is yet to be unveiled. In this article, Lawyer Avalon Carnall explores how these laws influence parenting and property disputes, providing valuable insights for those navigating family law challenged.
Grandparents Rights in Australia: Custody and Access Explained Family breakdowns or disputes can see the disruption of relationships with other significant members of a child’s life, including a connection with their grandparents. As a result, the Court recognises this important relationship between a grandparent and a grandchild and offers grandparents the rights to seek access through applying for parenting consent orders. This article explores the legal framework surrounding the rights of grandparents in family law proceedings.