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Archive | Relationship Law

RECOVERY ORDER: What do I do if my child is not returned?

If your child is taken from you or not returned to you, you need to get legal advice about applying for a “Recovery Order”. A Recovery Order is a Court order authorising and directing the Police, to recover and return your child to you. Often, time is of the essence. Applications for Recovery Orders can […]

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Why are final property orders so important even if you agree on everything?

When couples separate it is important to make arrangements about the distribution of property, and if there are children involved then arrangements should be made about who the children will live with, and when and where the other parent will spend time with the children. Many separated parents can reach agreement about these issues and […]

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How to manage relocation with children after a separation

When separation occurs there are so many concerns and considerations a person may have.  We are asked to assist our clients in a range of matters including negotiating a fair property settlement, answering Child Support queries, seeking to spend time with children, and everything in between. A common concern, generally amongst main carers of children, […]

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Divorce & Property Settlement

We are often asked whether a client needs to be divorced before a Property Settlement is sorted out. The answer is no. You must be separated for a minimum of 12 months before you can apply for divorce or 2 years if you have been married for less than 2 years and have not attended […]

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What Am I Entitled To?

I only looked after the home and the children. My partner earned all the money! For starters it doesn’t matter that all of the property is in your former partner’s name. The Family Law Act gives the Court power to order a transfer of property. Superannuation can also be divided. In the vast majority of […]

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Family Law Financial Agreements

Despite changes to the law in 2010, intending to make financial agreements binding in the face of technical flaws in their construction, it continues to be a complex and ambiguous area of family law. Financial agreements were intended to provide certainty in sorting out property and spousal maintenance disputes should a couple separate. But almost […]

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Couples Must Try To Reconcile Before The Court Steps In

Couples Must Try To Reconcile Before The Court Steps In When you are separating, it is important to obtain independent legal advice about your rights. Your solicitor will tell you about the family dispute resolution methods available to you before going to court. They include negotiation, family dispute resolution, mediation, arbitration, collaborative law and child-inclusive […]

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Domestic Violence and Family Law

The Commonwealth Attorney General released revised Family Violence Best Practice Principles on 19 July 2011 as part of the Family Courts ongoing Family Violence Strategy. Protecting families and in particular children who are caught up in the family law system is a priority for the Family Court and the Federal Magistrates Court. Ensuring the safety […]

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