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Transferring Real Estate Between Separating Spouses A common aspect of family law property settlements between separating spouses is the transfer of properties into the sole ownership of one party. This could involve a jointly owned home or an investment property. The settlement might include a financial payment to the other spouse and the refinancing of the mortgage secured against the property. In this article, Special Counsel Matthew Shepherd provides a step-by-step explanation of how this process works in practice.
Legal guidance for assisted reproduction
The Family Law Guide to Surrogacy in Australia Surrogacy has become an increasingly popular option for couples and individuals looking to expand their families in Australia.
How Will AI Impact Family Law, or Relationships Generally? With the latest technological advancements shifting towards AI, the question arises: how can AI be used in family law matters? This article explores the potential and challenges of AI in family law, particularly in drafting Affidavits and communication. While AI can assist self-represented parties in creating Affidavits and help lawyers identify legal precedents efficiently, there are significant risks. Special Counsel Daniel Rod explains the potential risks and ethical concerns associated with this development.
Key Steps in How to Get Full Custody of Your Child in Australia When facing child custody disputes that involve significant risks of harm to a child, understanding how to secure full custody, may be crucial for ensuring the best outcome and protection for your child. Gaining sole custody involves undertaking complex legal processes and demonstrating that it is in the best interest of the child.
Can I Secretly Record My Spouse? Secretly recording your spouse during a marital dispute may seem tempting. However, it is important to understand the legal implications of using this type of evidence in family law proceedings. In New South Wales, recording someone without their consent generally constitutes an offence under the Surveillance Devices Act 2007. This artile devles into the framework surrounding secret recordings and the circumstances where the court may permit the use of such evidence.
How Do I Serve Someone Overseas in an Australian Family Law Matter? Serving legal documents to someone in an Australian family law matter can be tricky and highly procedural. It is essential to ensure all parties are properly informed, but the process becomes more complicated when one party resides abroad. This article outlines the steps and important factors to consider when serving someone overseas in accordance with the Federal Circuit and Family Court of Australia.
Asset Protection: Prenuptial Agreement in the Modern Marriage In today's world, people often marry later in life, bringing their own assets into the relationship. Prenuptial agreements, or Binding Financial Agreements in Australia, help protect these assets, ensuring a clear framework for financial stability. These agreements, despite their stigma, offer transparency and reduce potential conflicts during separations. Ramsden Family Law Lawyer Natalie Stenzel delves into the evolving perceptions of prenuptial agreements in modern marriages and underscores their importance for asset protection and financial clarity.
Ramsden Family Law Shortlisted for Australian Law Awards 2024 Ramsden Family Law has been shortlisted for the Australian Law Awards 2024, with Special Counsel Matthew Shepherd named a finalist for Mediator/Arbitrator of the Year. This recognition highlights our dedication to excellence in family law.
Mapping the Child Support Departure Maze - Part 1 This article explores the history of child support in Australia and is the first in a four-part series. It focuses on the establishment of the Child Support Scheme and the move away from the previous court-based child maintenance system. Subsequent articles will look at the review mechanisms in respect of applying for a departure from ordinary administrative assessment under the child support formula.
How Final Are Final Parenting Orders? When it comes to parenting orders, "final" doesn’t always mean permanent. While these orders are meant to provide clarity and resolve disputes, changes in circumstances can sometimes allow for modifications. However, the reasons for reopening a case are limited and usually involve major changes or new evidence. In this article, Special Counsel Annabel Murray explains the available options.
The Pros and Cons of Different Types of Separation Agreements Most separating couples often reach sensible agreements on key issues such as parenting arrangements, children’s expenses, property settlements, and spousal maintenance. These agreements can be documented in various ways, each offering different levels of formality, flexibility, and enforceability. It is essential to understand the available options and their respective advantages and disadvantages to protect both parties’ interests. In this article, Special Counsel and Accredited Family Law Specialist Matthew Shepherd discusses the pros and cons of each type of separation agreement.
Understanding Stamp Duty Exemptions in Family Law Property Settlements Navigating asset division during family law proceedings can often be a confusing and emotional time. Usually, properties are divided between the parties, leading to the transfer of property ownership interests. When a property is transferred due to the breakdown of a marriage or de facto relationship, a stamp duty exemption may apply. In this article, we explore the complexities of stamp duty and the legal framework surrounding stamp duty exemptions in family law proceedings.