Umbrella Family Law
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Umbrella Family Law Blog
1y ago
This blog was prepared by our very own Joanna Birtles, who generously shares her wisdom about online dating:
There are a variety of Apps out there to choose from, my advice, one at a time, don’t go signing up to every App or platform there is, you will get overwhelmed very quickly! Start with one, give it a go, if you aren’t finding it is working, de-activate that one and try another App.
You will find most Apps work on the ‘swiping’ method – you are presented with a profile, and you swipe left/right/up or down depending on whether you are interested in that person’s profile (be cautiou ..read more
Umbrella Family Law Blog
1y ago
Separating from your partner can be a difficult and emotional experience, and traditional litigation can often exacerbate those challenges. Collaborative separation offers an alternative approach to traditional litigation, focusing on cooperation and collaboration rather than conflict and opposition.
In this guide, we’ll explain what collaborative separation is and how it can benefit you during this challenging time.
What is Collaborative Separation?
Collaborative separation is a process where both parties work together to reach a mutually acceptable agreement. The process involves both partie ..read more
Umbrella Family Law Blog
1y ago
In parenting disputes in Australia, family report writers are often appointed by the Court (and, also regularly engaged privately by parents by agreement outside of court) to provide an independent assessment of what constitutes the best interests of the child. Family report writers are considered to be expert in this area. While judges (and lawyers) do not purport to hold any specific ‘parenting’ expertise, they rely on expert evidence in this regard to assist in deciding what arrangements may be in the best interests of the children to a parenting dispute.
Who are Family Report Writer ..read more
Umbrella Family Law Blog
1y ago
Separating from your partner can be a challenging and emotional experience, especially when it comes to dividing property and assets. Property settlements during separation can be complex, but with the right tips and strategies, you can achieve a fair outcome that meets your needs, and one which (hopefully) avoids hostility with your former partner or spouse.
In this guide, we’ll explain the basics of property settlements during separation and offer tips and strategies to help you navigate the process.
What is a Property Settlement?
A property settlement is the process of dividing prope ..read more
Umbrella Family Law Blog
1y ago
Experiencing family violence is traumatic and distressing. If you or someone you know is experiencing family violence, it’s important to know how to obtain an intervention order to protect yourself and your family. In this guide, we’ll explain the steps involved in obtaining a family violence intervention order however it is a very complex issue and we strongly suggest that unless you are in immediate risk, you contact a lawyer before taking any action.
Step 1 – If you are in immediate danger, call triple zero (000).
You should call triple zero (000) if someone is injured or requires im ..read more
Umbrella Family Law Blog
1y ago
As house prices, interest rates, and the cost of living continue to rise, many people are turning to their loved ones for support when entering the property market. In fact, according to the Australian Financial Review, “the Bank of Mum and Dad” was the ninth-largest lender in Australia in 2021, based on the value of loans. However, what happens to these funds in the event of a separation?
In family law matters, disputes often arise over whether money advanced during a relationship by family or friends was a gift or a loan. This seemingly small matter can significantly impact the distri ..read more
Umbrella Family Law Blog
1y ago
When trying to work out appropriate parenting arrangements following separation, you hear a lot about “the children’s best interests”. But how do you (or the Court, if you cannot agree with the other parent) work out what is, in fact, in “the children’s best interests”?
The terminology “children’s best interests” comes directly from the legislation that governs parenting arrangements following separation – the Family Law Act 1975. The Act itself specifies that the objects of the provisions relating to parenting arrangements are to ensure that the best interests of children are met by ..read more
Umbrella Family Law Blog
1y ago
Most matters that family law lawyers deal with today involve family violence. Sadly, family violence cases involving “coercive control” appear to be a growing area in this sector.
Coercive control is a complex area as it has no single definition. Professor Evan Stark, the world’s leading authority on coercive control, describes the conduct as ‘a pattern of domination that includes tactics to isolate, degrade, exploit and control [victims].’
Consequently, various behavioural patterns and tactics associated with this conduct can differ in each relationship. Further, coercive control does not rel ..read more
Umbrella Family Law Blog
1y ago
In Australia, spousal maintenance is a payment made by one spouse to the other after separation or divorce, payable where one spouse has needs, and the other spouse can provide for those needs. Typically, if maintenance is payable, it is paid on an interim basis until a final property settlement.
Spousal support aims to provide financial support to a spouse unable to support themselves adequately due to factors such as age, illness, or caring responsibilities. This blog post will discuss the basics of spousal maintenance in Australia.
Eligibility for Spousal Maintenance
To be eligible f ..read more
Umbrella Family Law Blog
1y ago
Whilst social media is a fantastic tool for connection and support, particularly when people are going through difficult times, posting about your separation can be very problematic.
Nowadays, rarely do we come across a matter in Court that does not involve screenshots of Facebook and Instagram posts, copies of messages exchanged through apps such as Messenger or WhatsApp or videos of posts on Snapchat which the user assumed would have disappeared in five seconds. Whilst on the surface these kinds of interactions may seem harmless, they are often used in family law as evidence of things ..read more