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So far avaldeadmin has created 198 blog entries.

Spousal Maintenance while Caring for Children

23 November 2020

A spouse may have a right to obtain maintenance from the other spouse if at separation there is an income difference. The additional requirement is that the low income earner must be unable to meet their reasonable financial needs and the high income earner must have the financial 'capacity' to provide assistance. Although there is an obligation on the [...]

What is a voluntary intervention order?

26 October 2020

Most people are familiar with the basic orders that can be made by a Magistrate Court in Domestic Violence matters. The two main types being a Protection Order or a Temporary Protection Order. It is also open to a court, however, to impose a further order on a Respondent – a “Voluntary Intervention Order”. [...]

Claiming Adult Child Maintenance

28 September 2020

A child support assessment will usually end when a child turns 18. However, where the Child Support legislation stops, there is scope for the Family Law Act (FLA) to step in. Under the FLA parents can in some cases be required by a Court Order to pay maintenance for a child who is over [...]

Don’t forget a ‘Super Split’

4 September 2020

It is important to know that superannuation is 'property' and is considered in a property settlement, but more importantly, it can be split between parties and usually it is. Background The law in relation to superannuation and family law changed dramatically in 2002 with amendments to the Family Law Act. Prior to December 2002, [...]

What is confidential?

20 July 2020

Have you recently separated? Have you been to see a Counsellor? Many people believe that their private counselling discussions are confidential. The reality is - most are not. It is important during a separation that spouses seek professional support and talk through their issues either together or individually. If repair can’t be brought to [...]

Consenting ‘Without Admission’ – What Does That Mean?

6 July 2020

Agreeing to a Domestic Violence Order (DVO) being made 'without admission' is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g. they don’t require a [...]

Dealing with tax debt

29 June 2020

The Family Court holds that parties to a marriage (or defacto relationship) should share in the good economic times as well as the bad that occur in their relationship, even if the losses have been caused by the actions of one party. Only where there are ‘good and substantial reasons’ should there be a [...]

The Challenge of a Small Property Pool But Large Super

8 June 2020

The court recently considered a case where the assets of the parties were modest in value. It included vehicles, credit cards, and some personal loans, by contrast, the superannuation of the parties totalled almost $900,000. Of the super amount, the husband had around $780,000 in a ‘defined benefit fund’ and a small ‘accumulation fund’. The [...]

What is a caveat?

1 June 2020

How can you make sure that real estate registered in the other spouse’s name is not sold, transferred or put up as security without your knowledge? Protection may be found in a caveat. A caveat is a document that can be lodged with the Titles Office. Once a caveat is lodged, the owner of [...]

Stop It! Family Law and Social Media

20 April 2020

In family law matters, a spouse’s credibility is important, and the popularity of social media is now proving a shortcut to finding damaging evidence, particularly in children’s parenting cases. As it is often difficult to obtain evidence showing absentee-parenting and behaviour which is not child-focused, the court is increasingly seeing late-night tweets, risque Facebook [...]