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So far avaldeadmin has created 200 blog entries.

A Warning for School Counsellors

15 October 2019

School Counsellors have certain obligations as professionals when disclosures are made to them by children. A family law case has considered a school counsellor's behaviour and the consequential impact on the child's care arrangements, where the counsellor failed to comply with their professional obligations. The Facts: The parties had a 10 year old daughter [...]

The “How To” of Spouse Maintenance

7 October 2019

If there is an income disparity between parties at the time of separation, then there could be a spouse maintenance entitlement. Spouse maintenance is often an important issue for spouses after separation. The level of financial support provided by one spouse to the other affects not only the spouse in need, but the children [...]

Family Counsellors and the Family Law Act

1 October 2019

Separation is a stressful and emotional time. If you are considering separation or are currently going through the process of separation, it is important that you look after your emotional health and try and keep your stress levels to a minimum. In order to achieve that, you may wish to consider family counselling. The [...]

Withholding a Child

17 September 2019

Occasionally in family law, circumstances arise which cause one parent to withhold a child and not return them to the other parent, in accordance with a court order. This usually results in an application for a "recovery order" being made. In these cases, the court has to carefully consider any allegations that may be [...]

What happens to super in a property settlement?

30 August 2019

Background Despite the law changing 17 years ago to make superannuation ‘property’, a common question we get is whether superannuation has to be included? Let’s do a quick refresh of what happens with superannuation in a property settlement. The law in relation to superannuation and family law changed dramatically in 2002 with the introduction [...]

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

Each case to change a child’s surname is unique. It is therefore important that prior to commencing any Application you obtain specific advice from a family law solicitor. 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 [...]

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 [...]