How to Serve your former spouse with a divorce application
There are particular requirements for service of divorce applications and a number of documents which must be filed with the court to prove that an applicant’s former spouse has received the divorce application in the correct manner.
Here we answer some common questions in relation to service of an application for divorce.
Parenting matters and the new changes to the Family Law Act
Recently there have been changes to the Family Law Act 1975 (the Act), via the Family Law Amendment Act 2023 (FLAA) about parenting matters. Most of the changes as a result of the FLAA will take effect from 6 May 2024.
Getting a divorce - commonly asked questions
In Australia marriage is defined as “the union of two people to the exclusion of all others, voluntarily entered into for life”. When that union has broken down with no reasonable prospect of a reconciliation the law allows for a mechanism to dissolve the union. This is known as a divorce. A divorce changes your legal status.
Can I have a piece of the pie now? - Partial property settlements in family law matters
When going through a separation, it is important that you and your former spouse formalise a final property settlement and take the necessary steps to ensure that your financial ties to each other are cut. However, the process of negotiating and ideally reaching an agreement for a property settlement, making it binding and then implementing the agreement can often take some time.
To Caveat Or Not To Caveat – That Is The New Question
A caveat is an application that any person with a legal interest in a property can lodge with Land Use Victoria. In family law, caveats have therefore historically been used by a party to a separation who has an interest in a real property, but to which they are not on title.
Collaborating with Professional Advisers to Reach a Family Law Property Settlement
Separations can often be quite complex giving rise to many issues that result in family lawyers needing to collaborate with solicitors in other practice areas (such as commercial or superannuation law), but we can also be greatly assisted by the parties’ professional advisers.
Can I keep it?: Inheritances in Family Law Property Settlements
Many Australians may have received, or are set to receive, some type of inheritance in their lifetime. Thanks to the general rise in property prices over the last 30 or so years, such an inheritance may be significant.
What is a Financial Agreement in Family Law?
A Financial Agreement, or sometimes also called a Binding Financial Agreement, is a document, similar to a private contract, between the parties in a family law matter.
The intention of a Financial Agreement is to remove the Federal Circuit and Family Court of Australia’s jurisdiction in relation to the financial arrangements of the parties upon their separation, or to address specific issues between them.
Why is mediation important in a family law matter?
In family law matters, there is a requirement for parties to try to resolve disputes by making a genuine attempt to negotiate and reach agreement on the issues in dispute.
This includes any matters relating to family law however, primarily it includes reaching agreement regarding care arrangements for children and / or the division of relationship property.
Family Law Practical Tips
Separation is not easy. In fact, separation is difficult whether it is your decision to separate or not.
There are many things to consider when contemplating separation or you have separated such as your health (including your safety and wellbeing together with any children), care arrangements for children, your financial stability both in the short term and long term and also interactions with your former partner or spouse.
Debts in Family Law matters
In a recent case of Cao & Trong (2022) FedCFamC1F 754 (4 October 2022) the Court considered debts of the parties which exceeded the value of the matrimonial asset pool available for distribution.
Business Valuations in Family Law Property Settlements
Business interests often form part of the asset pool available for division in a family law property settlement. It may be a business that has been built by one or both of the parties to the family law matter, such as a family business, or a business owned by way of a partnership or a company with third parties.
Family Trust disputes – do not ignore The Black Sheep
A trust structure is often recommended to individuals and family business owners by their accounting and legal advisors to distribute income tax effectively and safeguard assets.
A guide to common family law terms
Relationship breakdowns and separations can be a stressful time as people navigate their parenting matters, property settlements and establish their ‘new normal’. Being involved in the family law system for the first time often means being exposed to a range of new terminology and legal jargon.
What date are assets valued at in Family Law Property Settlements?
Family law property settlement negotiations and court proceedings can often run for lengthy periods of time. Sometimes there are delays that are outside of the parties’ control. These delays can cause issues when it comes to the time for valuation of the parties’ assets.
Mediation in Family Law Proceedings
Mediation is a process that can be attended by parties to a family law dispute in an attempt to resolve their property and/or parenting issues. This article details what family law mediation is, why it is used and what the process is.
Harwood Andrews Recognised In Doyles Guide As A Leading Family & Divorce Law Firm & Lawyers In Regional Victoria, 2022
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities for Victoria in the 2022 Doyle’s Guide.
Family Law guidance – anywhere, anytime
Harwood Andrews has commenced a partnership with Settify which allows you to begin your family law pathway. Via Settify, you can get access to general family law guidance from anywhere and at any time.
Pre-action requirements for the new family law court
On 1 September 2021, the Federal Circuit Court of Australia and the Family Court of Australia merged. They have joined to become the new Federal Circuit and Family Court of Australia (FCFCOA).
Social Media and the Connection to Family Law Proceedings
As family law practitioners we often see social media posts and screenshots used in evidence in family law disputes.