About avaldeadmin

This author has not yet filled in any details.
So far avaldeadmin has created 202 blog entries.

Divorce Applications

6 August 2019

When can a divorce application be made? The Family Law Act is based on a no fault principle. The only requirement for a court to grant a divorce order is an irretrievable breakdown of the marriage, this can only be evidenced by the parties having lived separately, and apart for at least 12 months. [...]

Changing a child’s surname

6 August 2019

A child's surname can be changed at any time when there is consent between the parties. However, if there is no agreement, a parent needs to apply to the court to seek an order for such a change. What happens then? How a Court Application is commenced An Application for changing a child’s surname [...]

When a marriage is not a valid marriage

23 July 2019

A press release recently reported that thousands of Australian marriages may be invalid due to celebrants using incorrect words at wedding ceremonies and consequently not complying with the Marriage Act. Apparently an examination of last year’s marriages by the Attorney-General’s department revealed that 80% of the ceremonies did not meet these requirements. This pointedly came [...]

The treatment of property that is gone!

8 July 2019

One of the challenges that often arises between separating couples is the preservation of property. Property has a wide definition, it is not limited to just real estate. It is not uncommon (before or after separation) for a spouse to take property. For example, take money out of a bank account, draw down special [...]

Tax consequences of private company payments and asset transfers

25 June 2019

Many separating couples operate businesses through a variety of different corporate and trust structures for tax minimisation purposes. Such structures can complicate property settlements if certain tax costs are not identified and taken into account at the time of settlement negotiations. Not unlike public companies, private companies have shareholders and payments are often made [...]

What is an ICL?

24 June 2019

An Independent Children Lawyer (ICL) is an experienced solicitor who is appointed by the court to represent a child. Generally, their role is to assist the court in reaching a decision in the best interests of the child. However, they are not appointed in every case. Case law sets out what the role of [...]

Get legal advice early

24 June 2019

There are many reasons why it is important not to delay getting Family Law advice. Whatever you do, don't rely on the experience or suggestions of friends or family! Here's an example of why you shouldn't delay. Being aware of how the law applies to your situation does not mean that a legal process [...]

Do I need a documented agreement?

24 June 2019

To document or not to document an agreement? That is the question. It is important to be aware of the options available when it comes to – whether? and if so, how? - to document children’s arrangements, property settlement, and even child support. The ‘rule of thumb’ is that a ‘property settlement’ must be [...]

Inheritance in property settlements

12 March 2019

A loan or a gift? It matters alot

1 February 2019