Category: Family Law
ABKJ Lawyers has provided legal advice and guidance to the Gold Coast community in matters of Family Law since the establishment of the firm in 1970. Below we have included some helpful articles discussing a number of common issues in Family Law and separation.
The breakdown of a marriage is almost always an emotionally taxing experience for both partners. While there is the emotion and stress that is usually at the forefront of a separation, there are a multitude of other factors that need to be considered during the process. Often, the first issue that needs to be addressed when a long-term relationship deteriorates is how the shared assets of the couple are to be divided. One of the many considerations that may arise when this process is occurring is the issue of one party providing spousal maintenance to the other. Spousal maintenance is… Continue Reading
The deterioration of a loving relationship is usually a dreaded outcome for all those involved. In addition to the emotional toll it takes on a person, there is always the added stress of dividing up property and finances. Add on top of this a potential custodial battle for any children involved, and you have the recipe for a protracted and emotional legal battle. To prevent some of this heartache, a couple can enter into what is called a Binding Financial Agreement or BFA. Why should I enter into a Binding Financial Agreement? When a couple commits to entering into a… Continue Reading
There are many more misconceptions about Family Law and, in particular, property settlements and child arrangements. In part 2 of our Setting The Record Straight article we have debunked more myths and reveal the truth. In case you missed it, read Part 1 here. 1. You need to be divorced to commence property settlements This misconception arises from the fact that people are unaware of the process of property settlements in family law. Property settlements may take place as soon as separation occurs. Divorce is not a requirement to commence and finalise property settlement. However, should you get divorced and… Continue Reading
There are many misconceptions about Family Law and, in particular, property settlements and child arrangements. The majority of the tales are sourced from online blogs or people who usually start the conversation with “take it from me, I know”. In this 2 part series, we have debunked some family law myths and reveal the truth. 1. The party at fault for separation should be punished In Australia, legislation establishes a ‘no-fault’ jurisdiction. This means that if a party is responsible for the breakdown of a marriage (e.g. due to infidelity), they will not be punished. When making orders for finance… Continue Reading
Picture this: A husband and wife separate. Six months after separating from her husband, the wife wins $6 million in the lottery. The husband claims he should receive part of the lottery win as the funds used to purchase the ticket had been withdrawn from the parties’ joint bank account, and as such, should be included in the property pool. Sounds like a great plot for a TV show? Unfortunately, the above scenario is not fiction, and are facts taken from the Family Court of Australia case of Eufrosin & Eufrosin. Assets Acquired After Separation In Family Law property settlement… Continue Reading
Who Gets The Children?
It is a long standing misconception in matters relating to children, that the mother will automatically get full ‘parental responsibility’ (e.g. custody of the children). This is not entirely correct. Parental Responsibility Part VII of the Family Law Act entitled ‘Children’ sets out a number of ‘objects’ which are to ensure the best interests of the child are met. These objects include: Ensuring that the children have the benefit of both their parents having a meaningful involvement in their lives to the maximum extent consistent with the best interests of the child; and Protecting children from physical or psychological harm… Continue Reading
Our Family Lawyers are approached by clients on a regular basis whose spouse or partner has said to them; “I have spoken to a lawyer and they said that you will get nothing” This is rarely correct. Even if all the property is owned by your partner, you may be entitled to something. The amount of your entitlement in a separation will depend on the contributions (financial and non-financial) you have both made during the marriage / relationship, and other factors such as your income and earning capacity, your age and health, and the length of the marriage / relationship…. Continue Reading