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debts incurred after separation but before divorce australia

Debts Incurred After Separation But Before Divorce? Here’s What to Do

Understanding the financial implications of separation and divorce is crucial for anyone navigating this challenging phase. In particular, handling debts incurred after separation but before divorce presents a complex area [...]

how to expose a narcissist in family court australia | Melbourne Family Lawyers

4 Helpful Strategies to Expose a Narcissist in Family Court Australia

Narcissistic Personality Disorder is characterised by an inflated sense of self-importance, a lack of empathy, and a constant need for attention and admiration. How to expose a narcissist in family [...]

selling assets before divorce | Melbourne Family Lawyers

Selling Assets Before Divorce: Helpful 4-Point Guide

In Australia, the legalities surrounding the sale of assets before a divorce is finalised are complex. While technically possible, doing so can present significant legal challenges. The Family Law Act [...]

de facto inheritance law australia | Melbourne Family Lawyers

De Facto Inheritance Law in Australia

In Australia, de facto inheritance laws dictate that if someone in a de facto relationship dies without a will (known as dying “intestate“), their surviving de facto partner has similar [...]

chose in action | Melbourne Family Lawyers

Chose in Action: 7-Point Comprehensive Guide

What is Chose in Action? A chose in action refers to a personal right to recover property or enforce a claim against another party. Unlike physical assets, a chose in [...]

what is an enforcement order | Melbourne Family Lawyers

What is an Enforcement Order: Helpful 6-Point guide

What is an Enforcement Order? An enforcement order is a legal directive issued by a court to compel an individual or organisation to comply with a previously determined court order. [...]

financial resources family law | Melbourne Family Lawyers

Financial Resources Family Law: 6-Point Comprehensive Guide

Understanding Financial Resources Family Law Financial resources family law refers to any source of financial support or potential financial gain that an individual may have access to, even if it’s [...]

is loan an asset | Melbourne Family Lawyers

Is Loan an Asset: 7-Point Comprehensive Guide

Is Loan an Asset? Whether a loan is considered an asset depends on the financial context and who holds the loan. A loan is indeed an asset for the lender [...]

how to prove false allegations in family court | Melbourne Family Lawyers

How to Prove False Allegations in Family Court: 7 Helpful Tips

How to Prove False Allegations in Family Court Proving false allegations in family court requires a strategic approach focused on gathering evidence, maintaining accurate records, and relying on credible witnesses. [...]

tender bundle in family court | Melbourne Family Lawyes

4 Important Components of a Tender Bundle in Family Court You Need to Know

Tender Bundle in Family Court A tender bundle in family court proceedings is a carefully compiled set of documents that a party intends to present as evidence in support of [...]

family court appeal success rate | Melbourne Family Lawyers

Family Court Appeal Success Rate: 4 Valid Grounds for Appeal

Family Court Appeal Success Rate The success rate of appeals in the family court is generally low, reflecting the complexity and strict criteria associated with overturning original court decisions. Family [...]

what is legal capacity | Melbourne Family Lawyers

What is Legal Capacity: 5-Point Comprehensive Guide

What is Legal Capacity? Legal capacity refers to a person’s ability to make legally recognised decisions and understand the consequences of those decisions. It requires the individual to comprehend the [...]

what is a conciliation conference | Melbourne Family Lawyers

What is a Conciliation Conference: 4 Helpful Benefits

What is a Conciliation Conference? A conciliation conference is a structured meeting where disputing parties come together to discuss their issues with the assistance of an impartial conciliator. The goal [...]

child custody with a newborn

How to Co-Parent with a Newborn the Right Way

Child custody disputes are never simple, but when there’s a newborn involved, the situation becomes more delicate. When it comes to determining child custody with a newborn in Australia, several [...]

independent children's lawyer | Melbourne Family Lawyers

7 Important Things to Know About Independent Children’s Lawyer

The Role of an Independent Children’s Lawyer in Family Law In family law proceedings, an independent children’s lawyer (ICL) represents the child’s interests, ensuring that the child’s voice is heard [...]

how do i get a copy of family court orders | Melbourne Family Lawyers

How Do I Get a Copy of Family Court Orders: 7-Point Comprehensive Guide

If you’re wondering how to obtain a copy of family court orders in Australia, you can usually request them through the Family Court, where the orders were made. Depending on [...]

how to gift money to divorcing child | Melbourne Family Lawyers

How to Gift Money to Divorcing Child: 6-Point Comprehensive Guide

How to Gift Money to Divorcing Child Gifting money to a child going through a divorce can be a delicate and complicated process. The main question often revolves around how [...]

tender bundle family court | Melbourne Family Lawyers

Tender Bundle Family Court: 4 Common Mistakes to Avoid

What is a Tender Bundle Family Court? A “tender bundle” in the context of family court refers to a collection of documents that one party wishes to present as evidence [...]

does rental income affect child support | Walker Pender Lawyers

Does Rental Income Affect Child Support? A 6-Point Comprehensive Guide

Does Rental Income Affect Child Support? Yes, rental income does affect child support assessments. When calculating child support in Australia, rental income is considered part of a parent’s taxable income. [...]

representing yourself as a respondent in a restraining order final hearing | Melbourne Family Lawyers

Representing Yourself as a Respondent in a Restraining Order Final Hearing: A Helpful 5-Step Guide

Representing Yourself as a Respondent in a Restraining Order Final Hearing Representing yourself as a respondent in a restraining order final hearing means that you will be responsible for presenting [...]

child support living in same house | Melbourne Family Lawyers

Paying Child Support while Living in Same House: 8-Point Comprehensive Guide

When parents separate but continue living under the same roof, they are still required to meet child support obligations. In Australia, child support is determined by a formula that considers [...]

de facto relationship australia 6 months | Melbourne Family Lawyers

De Facto Relationships in Australia: The 6-Month Rule

What is a De Facto Relationship? In Australia, a de facto relationship is when two people, regardless of gender, live together as a couple on a genuine domestic basis. Understanding [...]

can police press charges without victims consent | Melbourne Family Lawyers

Can Police Press Charges Without Victims Consent in Australia: 5-Point Comprehensive Guide

Can Police Press Charges Without Victims Consent in Australia? In Australia, the decision to press charges in a criminal case does not rely on the victim’s consent. Law enforcement authorities [...]

does salary sacrifice affect child support | Melbourne Family Lawyers

Does Salary Sacrifice Affect Child Support: Helpful 6-Point Guide

Does Salary Sacrifice Affect Child Support? Yes, salary sacrifice does affect child support in Australia. Child support is calculated based on a parent’s “adjusted taxable income,” which includes salary, wages, [...]

what is child support supposed to cover | Melbourne Family Lawyers

What is Child Support Supposed to Cover: 7 Important Factors

What is Child Support Supposed to Cover? Child support is a comprehensive payment that covers various aspects of a child’s upbringing, ensuring they have the necessary resources for a stable [...]

do consent orders need to be signed | Melbourne Family Lawyers

Do Consent Orders Need To Be Signed?

Yes, consent orders need to be signed. A consent order is a type of court order. Parties involved usually agree on the terms of the order, and once the court [...]

child custody rights for fathers | Melbourne Family Lawyers

Child Custody Rights for Australian Fathers

Child custody disputes can be emotionally draining and legally complex for any parent, but they can pose unique challenges for fathers who may perceive a lack of equal parental rights [...]

Vaccination Without Parental Consent

Vaccination is crucial to public health, protecting individuals from infectious diseases and preventing the spread of harmful viruses. In Australia, the topic of vaccinating minors without parental consent has sparked [...]

what is the most common child custody arrangement | Melbourne Family Lawyers

What Is the Most Common Child Custody Arrangement?

The most common child custody arrangement in Australia is known as “joint custody”. This arrangement emphasises both parents’ involvement in making major decisions regarding the child’s upbringing, such as education, [...]

should i divorce my gambling husband | Melbourne Family Lawyers

Should I Divorce My Gambling Husband?

Deciding whether to divorce a spouse with a gambling addiction is a profoundly personal and complex decision. It involves weighing significant emotional, financial, and familial implications. If you’re contemplating this [...]

relinquishing parental rights australia | Melbourne Family Lawyers

Relinquishing Parental Rights Australia: 7 Important Effects You Need to Know

In Australia, relinquishing parental rights holds significant legal and emotional implications for both the parents and the child involved. This complex legal process is often misunderstood, leading to confusion about [...]

Prenup Lawyer

Prenup After Marriage: Is It Possible?

So, you’ve tied the knot, but you’re wondering if it’s too late to get a prenup. Good news! It’s never too late. In Australia, you can get a postnuptial agreement, [...]

do lesbians have the highest divorce rate | Melbourne Family Lawyers

Do Lesbians Have the Highest Divorce Rate?

Since the legalisation of same-sex marriage in Australia, the question “Do lesbians have the highest divorce rate?” has arisen in discussions about marriage and divorce trends. Recent statistics indicate that [...]

divorce filing fee | Melbourne Family Lawyers

Divorce Filing Fee in Australia: Comprehensive Guide

The cost of filing for divorce in Melbourne, Australia, is $1,100 as of July 2024. This fee is set by the Federal Circuit and Family Court of Australia and is [...]

types of assault charges victoria | Melbourne Family Lawyers

Assault Charges in Victoria You Need to Know

An assault charge is a serious legal matter that can have significant consequences for those involved. In the eyes of the law, assault refers to the intentional infliction of physical [...]

cost of custody lawyer

Cost of Custody Lawyer: 5 Important Questions You Might Have

When it comes to navigating a custody battle in Australia, the cost of employing a custody lawyer is one of the biggest concerns for many parents. Although engaging a lawyer [...]

how to prove someone assaulted you | Melbourne Family Lawyers

8 Helpful Ways to Prove Someone Assaulted You

Proving assault is crucial yet challenging in the legal domain. It’s essential for ensuring justice and safeguarding victims’ rights. The complexity arises from the need to establish intent and harm [...]

how to report elder financial abuse | Melbourne Family Lawyers

Signs of Elder Financial Abuse and How to Report the Case

To report elder financial abuse in Australia, there are several dedicated helplines you can turn to for immediate assistance. The Elder Abuse Helpline, reachable at 1300 651 192, offers confidential [...]

how to check your child support payments

How to Check Your Child Support Payments: 10 Important Things You Should Remember

Managing child support payments is both vital and intricate for separated parents. To ensure you stay informed and efficiently track your child support payments, it’s essential to know how to [...]

types of intervention orders | Melbourne Family Lawyers

2 Types of Intervention Orders and Their Differences

Intervention orders are a cornerstone of personal and public safety in Australia. They serve as a legal barrier between you and someone who poses a threat to your well-being. However, [...]

withholding grandchildren from grandparents australia | Melbourne Family Lawyers

Withholding Grandchildren from Grandparents Australia: 3 Important Steps

Withholding Grandchildren from Grandparents Australia Withholding grandchildren from grandparents Australia can be a challenging and emotional issue, often arising during family disputes or separation. While parents have the primary rights [...]

is my ex spouse entitled to my inheritance australia | Melbourne Family Lawyers

Is My Ex-Spouse Entitled to My Inheritance Australia

The entitlement of your ex-spouse to your inheritance varies. Australian family law considers several factors when determining how an inheritance is treated during a divorce or separation. This article explores [...]

can my husband kick me out of the house he owns | Melbourne Family Lawyers

Can My Husband Kick Me Out of the House He Owns?

Amid a separation or divorce, one pressing question many spouses face is, “Can my husband kick me out of the house he owns?” The short answer is no, not immediately. [...]

domestic violence penalty | Melbourne Family Lawyers

Domestic Violence Penalties in Victoria

Domestic violence encompasses a range of behaviours, including physical, sexual, emotional, and financial abuse. The penalties vary based on the severity and specifics of each case: 🔑 Key Takeaway: Penalties [...]

what to do if someone is stalking you | Melbourne Family Lawyers

What to Do If Someone Is Stalking You?

Knowing what to do if someone is stalking you is crucial for your safety and well-being. It’s important to take immediate action, such as documenting any incidents, informing trusted individuals, [...]

how to report breach of intervention order | Melbourne Family Lawyers

Breach of Intervention Order: Reporting Procedures and Defence Strategies

A breach occurs when the respondent violates the conditions of the intervention order. This could include: Imagine two individuals were in a marital relationship that ultimately led to divorce. After [...]

examples of physical abuse | Melbourne Family Lawyers

Examples and Impact of Physical Abuse

Examples of physical abuse encompass a range of behaviours where an individual uses physical force to harm another person. This type of abuse can include actions such as hitting, slapping, [...]

can the protected person contact the respondent | Melbourne Family Lawyers

Can the Protected Person Contact the Respondent?

When it comes to family violence intervention orders, a common question that arises is: can the protected person contact the respondent? The straightforward answer is that it depends on the [...]

how to withdraw an interim intervention order | Melbourne Family Lawyers

How to Withdraw an Interim Intervention Order: 4 Important Steps

Withdrawing an interim intervention order can be a complex process, but understanding the steps involved can make it more manageable. To withdraw an interim intervention order, you must apply to [...]

does an intervention order show on a police check | Melbourne Family Lawyers

Does an Intervention Order Show on a Police Check: Helpful 6-Point Guide

An intervention order may appear on a police check in Australia, particularly if it involves convictions or findings of guilt. However, the visibility of the order on a police background [...]

frivolous intervention orders | Melbourne Family Lawyers

Frivolous Intervention Orders

Frivolous intervention orders are legal orders that are deemed to lack serious purpose or merit. These orders, typically issued in cases of domestic disputes, aim to protect individuals from harassment, [...]

domestic violence emergency housing | Melbourne Family Lawyers

Emergency Housing Solutions for Domestic Violence Survivors

Domestic violence emergency housing provides immediate and secure accommodation for individuals and families fleeing abusive situations. These services are designed to offer a safe environment where victims can access the [...]

making a statement to police about domestic violence | Melbourne Family Lawyers

Making a Statement to Police About Domestic Violence

Making a statement to police about domestic violence involves providing a detailed account of the incidents of abuse or threats you have experienced or witnessed. This statement is a formal [...]

prenup vs will | Melbourne Family Lawyers

Prenup vs. Will: Let Us Help You Understand the Difference

When considering the management of assets, many Australians weigh the benefits of a prenuptial agreement (prenup) against those of a will. Both legal instruments serve to clarify the allocation of [...]

parenting with autism | Melbourne Family Lawyers

Parenting with Autism Guide

Parenting with autism refers to the unique challenges and strengths that autistic parents bring to their role as caregivers. Whether you are an autistic parent or a parent raising an [...]

can you record people without consent | Melbourne Family Lawyers

Can You Record People Without Consent?

In Australia, recording a conversation without the consent of all parties involved is generally illegal. This applies to private conversations and varies by state and territory. There are certain exceptions, [...]

changing a consent order | Melbourne Family Lawyers

All About Changing a Consent Order

Absolutely, changing a consent order is possible, but it’s not a walk in the park. You’ll need to establish that there’s been a significant change in circumstances since the original [...]

received family law court application | Melbourne Family Lawyers

Expert Advice After Receiving Family Law Court Applications

Sometimes, the first you know about your spouse or ex-partner taking Family Law Court action against you is when a process server knocks on your door to serve you with [...]

court ordered dna test | Melbourne Family Lawyers

Court Ordered DNA Test: 5-Point Helpful Guide to Seeking Truth and Resolving Disputes

Parentage tests determining the child’s parent may be needed for family law matters such as child support payments, custody, access, inheritance, and adoption. But with these concerns, more issues arise, including [...]

best evidence for child custody | Melbourne Family Lawyers

Child Custody Preparation: Unveiling the Best Evidence

When involved in a custody case, presenting the best evidence for child custody is crucial to support your claims. Evidence plays a vital role in demonstrating your ability to provide [...]

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