Articles
Family Court hearings – Interim Hearing
In family law proceedings, Interim Hearings are generally scheduled after a First Return Hearing and once you and your former partner have had an opportunity to resolve interim issues by consent but have been unable to do so. As the name suggests, decisions made at an Interim Hearing are on a temporary or interim basis.
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How is inheritance treated in a family law property settlement?
When negotiating property settlement after separation, how an inheritance is treated can vary. Judges in family law matters have wide discretion to decide whether it’s included in the asset pool and, if so, how it should be divided.
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Can I finalise a property settlement without getting divorced?
There appears to be a common misconception that you need to be divorced to commence or finalise your property settlement or that property settlement and divorce are both part of the same process. This is incorrect and likely an urban myth.
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Can I use information disclosed during my family law matter for other purposes?
Documents received and/or disclosed during family law proceedings cannot be used for any other purpose other than what they were provided for. This is due to an implied undertaking or obligation to the Court, known as the Harman Undertaking.
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What is Family Dispute Resolution?
Family Dispute Resolution (FDR) is a type of mediation. It can be used by separated couples to resolve parenting and/or property disputes. We explore the types of FDR available to parties (both before and after court proceedings have commenced), the FDR process and commonly asked questions.
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Can I secretly record my former partner for family law proceedings?
Family law proceedings are often messy, tiresome, and emotionally driven. In these circumstances, secretly recording your former partner to gather evidence for court proceedings may be tempting.
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Subpoenas in family law
A subpoena is a legal document that compels a person/entity (organisation or company) to produce certain documents or give evidence at a hearing. A subpoena is issued by the Court at the request of a party to a court proceeding.
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What is supervised time with children in family law parenting disputes?
In family law parenting cases involving high conflict or allegations of risk, the Court may make orders (or parents may agree) for a parent to spend supervised time with a child. When determining whether an order for supervised time is appropriate, the Court will ultimately consider what is in the child’s best interests.
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Pre-action procedures in family law - what do they mean for you?
Before taking a family law dispute to court, separated couples are required to make a genuine effort to resolve parenting and/or property disputes by following certain steps known as the pre-action procedures.
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Overseas travel with children after a family law separation
There may be various reasons why a parent is worried about allowing their former partner to travel overseas with their child, ranging from the child having never spent significant time away from the non-travelling parent to a genuine fear that the travelling parent will not return the child to Australia.
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Understanding the best interests of the children in family law matters
When a Court order is made in relation to children, the most important consideration is the best interests of those children. This is known as the paramount consideration and is enshrined in Section 60CA of the Family Law Act.
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How to apply for a divorce when your former partner is overseas
In Australia, the process of getting a divorce is often quite simple and straightforward. However, complications can arise. For example, what happens when your former partner is overseas?
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