Over the last few years one of our most popular articles has addressed the challenges faced by separated families over the Christmas holiday period, but more particularly, Christmas Day. To avoid the lead-up to the Christmas holiday period being a difficult time, we again share with you our article entitled “Coping with Christmas – [...]
Q: I want to agree to receive a lower child support payment than what the Child Support Agency has currently assessed me to receive – is that possible? A: This is possible and can be done by the parties entering into a binding child support agreement. But remember – if you are entitled to [...]
If documents, or a person (other than the couple), is seen by either spouse as being relevant and important for the court to consider, that information can be compelled to be presented to the court by way of subpoena. Here are some tips: Subpoenas are frequently issued and it is important to know some of [...]
Working out a property settlement is unfortunately an inexact science, but it essentially involves 4 basic steps: Stage 1: Identify and Value Assets All the parties’ property is included in the property pool. A value must be given to all assets. The court does not automatically sell everything. Stage 2: Consideration of the contributions [...]
One of the golden rules in property settlement is that, once you have done the hard work of reaching an agreement for division, you should if at all possible – document it. But, beyond the documenting process there is another important consideration and if it’s not addressed the court won’t accept your agreement. Your [...]
Is a spouse spending too much? How much is too much? Does there need to be a malicious intent behind it? Wastage of property is a common argument raised by divorcing spouses – but the legal consideration they receive and the outcomes can be quite different. A recent appeal case looked at a trial [...]
It is a myth that assets of a Discretionary Trust will be protected in the event that a Trustee or beneficiary separates from their spouse. In this presentation for Accountants we cover important questions such as: What is a Discretionary Trust? How does the Court divide property when parties separate – the 4 step [...]
In recent years, domestic violence has gained attention as a huge societal issue, and has received more coverage in the media and from politicians. There have been some major changes to legislation in Qld in 2015 and May 2017. In this webinar, we talk about: Domestic violence Legislation updates Protection orders Court process And other practical tips for [...]
It is not uncommon for a parent’s time with a child to be supervised if there are allegations of abuse and the Judge determines the child is at an unacceptable risk of harm. Supervision allows the relationship to continue but ensures as far as possible that the child is safe. It is however unusual [...]
One of the limited reasons for being able to get a nullity of a marriage is proving that a spouse did not give consent to the marriage due to duress or fraud. The issue sometimes arises in cultural and inter-country marriages. The court recently heard a matter where the husband claimed the wife had [...]
