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Moving On: Navigating the Breakdown of Your Relationship and Who Gets to Stay in the Family Home 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.
What Is A Harman Undertaking - Family Law 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 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.
Pet Custody Dispute: How Our Law Firm Successfully Represented A Client In A Small Claims Division Case 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.
Current LGBT Family Laws In NSW - What Are They? New South Wales has been the forepart of LGBT rights in Australia, with significant progress made over recent years in recognising and protecting the rights of LGBT families. This progress has been driven by the tireless efforts of various advocacy groups and individuals who have lobbied for legislative reforms to ensure equality and fairness for all. However, despite this progress, the LGBT community in NSW still faces discrimination and inequality in various forms.
How To Set Aside A Binding Financial Agreement Couples in marriages or de facto relationships are often hopeful that their relationship will last forever. However, relationships don't always go as planned, and separation or divorce can be the result. This can lead to disputes over property settlements and financial arrangements. To prevent such issues from arising, a Binding Financial Agreement (BFA) can be established. This article will delve into what a BFA entails and how it differs from prenuptial and postnuptial agreements. Additionally, we'll explore why it can be challenging to nullify a BFA and offer guidance on creating a binding and enforceable agreement.
Time Limits in Family Law - How Long Do I Have To Pursue My Matter In Court? 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.
Can My Ex Partner Claim On My Estate When I Die? Can my ex-partner claim on my estate when I die
Will An Inheritance Impact My Property Settlement? If you have received an inheritance or expect to receive one shortly and you are in the middle of a separation, can your inheritance form part of the divisible asset pool? The Ramsden Lawyers team explores the various considerations that go into determining whether an inheritance will form part of the asset pool.
The Basics of Prenuptial Agreements We explore the scope of what a prenuptial agreement - a Binding Financial Agreement (BFA), is an agreement between couples made before a marriage or de facto relationship.
Who Owns An Embryo? Deciding who owns embryos in the event of separation and the need to reach an agreement now to avoid conflict and uncertainty.
Signs Of Financial Abuse Or Control Financial abuse/control is often described as a “hidden” form of domestic violence that not many people know about. The Sydney Family Lawyers explore what to do if you suspect you or someone you love is a victim of financial abuse.