We thought we would take a moment to reflect on our first year and what Robinson + McGuinness has achieved in that time.
Overseas travel with children after separation
It is advisable to obtain advice from a family lawyer if you are considering overseas travel with your children, and you have not formalised any parenting arrangements in relation to your children.
Invariably, it will depend on your circumstances whether it is advisable to either take your children overseas for a holiday, or to allow them to be taken overseas on a holiday by another person.
In some cases, it is a criminal offence to take children overseas.
Duty of Disclosure: I’ll show you mine if you show me yours
Separated couples negotiating a property settlement have obligations to provide complete disclosure of their financial circumstances.
The duty is not only to your former partner, but the duty also extends to the Court itself. Pursuant to Rule 13.04 of the Family Law Rules and Rule 24.03 of the Federal Circuit Court Rules, parties must make full and frank disclosure of their financial circumstances.
Child Support and Trusts: Is planning long-term for your children detrimental to you in a property settlement?
One of the considerations when applying for a divorce is that the Court will want to know that appropriate arrangements are in place for any children of the marriage after separation. This includes whether there are appropriate financial arrangements in place. One consideration will often be the payment of child support.
Relocation and Recovery Orders
It is common that after separation, one party may wish to move from their current location to either return to their hometown, or to move elsewhere to start afresh.
Unless you have the prior written consent of the other parent, it is not advisable to move without the consent of the other parent of your children, or what is commonly referred to in the family law jurisdiction as ‘unilateral relocation’.
Consent Orders or Binding Financial Agreement: Which is the best way to formalise my property settlement?
Property Settlements: The “Four” Step Approach
“Custody” vs “Parental Responsibility”
Inheritances and separation
Are children's wishes taken into account in family law proceedings?
Children are entitled to have their views heard and considered as part of the decision making undertaken by Courts in determining their future living arrangements. The Family Law Courts offer a number of avenues for children to express their views. The paramount consideration is the best interests of the children. This does not always align with their wishes.
Lottery winnings and property settlements
Parenting arrangements after separation
After separation most parents are able to reach agreement about arrangements for their children, but for some it takes longer than others. Unless there are Court orders in place, both parents continue to have parental responsibility for their children after separation. This means that there is an obligation on both parents to consult with one another and to attempt to reach agreement about arrangements for their children.
What do I do next?
When a marriage or a de facto relationship ends, there are a lot of emotions being felt by both parties and those around them. There can be feelings of guilt, relief, anger and despair. These are all a very important part of the grieving and recovery process. As well as dealing with these emotions there are often questions about when issues of care arrangements for children, property settlement or divorce can be dealt with.
When times change...
Many of us hope to find a life partner, have a fulfilling work and home life, maintain good health, acquire property and perhaps have children. For a great many of us, some, if not all of these things are achieved and we go through life dealing with the ups and downs and challenges that it presents. For some of us, however, we achieve the first part, but then after a period of years our relationship breaks down.