– If you and your ex cannot agree on how your property will be divided, parenting or financial issues, the next step is to file an application for your matter to be heard by the Federal Circuit and Family Court of Australia. The process can be lengthy and typically involves a variety of court appearances and hearings before going to trial… – Before you file with the courts Here in Australia, you’re required to attempt to resolve your matter through negotiation, mediation, or dispute resolution unless there are factors like family violence or other issues that make this inappropriate. In fact ..read more

– In May 2024, we’ll see some of the most significant changes in decades to the way the Family Courts approach parenting matters come into effect. – What’s changing and why? The Amendments to the Family Law Act that passed through parliament in October 2023 and come into effect on 6 May 2024 are intended to ensure the best interests of the child are at the centre of all parenting decisions and set out: what the court must consider when determining what’s in the child’s best interests, and how parents should approach decisions about long-term issues for their children. The ‘presumption of equ ..read more

– When couples separate, often one or both of them will take money out of accounts that form part of the property pool. Sometimes, it is for legitimate expenses like living expenses or legal fees. But sometimes the spending is reckless. – Perhaps they go on a spending spree, buying designer bags and other luxuries… Gamble away thousands of dollars… Take a luxury holiday… Or deliberately reduce the value of the property pool by gifting cars, money or assets to others or selling them at well below their actual value… Can the other party have the money added back to the property pool? When this t ..read more

Need advice? The team at Lakey Family Law has significant experience in all matters related to divorce, property settlements and parenting matters and approach all matters with understanding, compassion and professionalism. We’re here to help and can advise you on how the law applies to your specific circumstances – simply contact us for an initial, obligation free chat.       The post How to get a divorce in Australia first appeared on Lakey Family Law ..read more

Need advice? The team at Lakey Family Law has significant experience in all matters related to divorce, property settlements and parenting matters and approach all matters with understanding, compassion and professionalism. We’re here to help and can advise you on how the law applies to your specific circumstances – simply contact us for an initial, obligation free chat.       The post De facto relationships under Australian family law first appeared on Lakey Family Law ..read more

Thinking about separating? Use this checklist to get your ducks in a row before you do. If you’re thinking about, preparing to, or have recently separated, there are some things you should do to prepare and protect yourself and prevent things from turning ugly. This Checklist steps them out for you. The team at Lakey Family Law has significant experience in all matters related to divorce, property settlements and parenting matters and approach all matters with understanding, compassion and professionalism. We’re here to help and can advise you on how the law applies to your spe ..read more

What is the Evatt List? The Evatt List was created to help protect families and individuals at high risk of family violence or other serious and significant risks as their matter progresses through the legal system. It is essentially a specialist list of cases, which are assigned, managed and overseen by a highly qualified select group of Judges, Senior Judicial Registrars, and Court Child Experts trained in handling high-risk cases. The aim of the Evatt List is to minimise the risk of further trauma or violence to those who are at risk or vulnerable by providing specialised resources and supp ..read more

Need advice? The team at Lakey Family Law has significant experience in all matters related to divorce, property settlements and parenting matters and approach all matters with understanding, compassion and professionalism. We’re here to help and can advise you on how the law applies to your specific circumstances – simply contact us for an initial, obligation free chat.       The post Things to do AFTER you separate first appeared on Lakey Family Law ..read more

Need advice? The team at Lakey Family Law has significant experience in all matters related to divorce, property settlements and parenting matters and approach all matters with understanding, compassion and professionalism. We’re here to help and can advise you on how the law applies to your specific circumstances – simply contact us for an initial, obligation free chat.       The post Things to do BEFORE you separate first appeared on Lakey Family Law ..read more

If you and your partner were only in a de facto relationship for a couple of years, you may still be entitled to a property settlement, regardless of whether or not you were married. – How long do you need to have been together to be entitled to a property settlement? Generally speaking, to be entitled to a property settlement, you need to prove that you were in a de facto relationship for at least two years, unless you have a child together. The rules for determining how property should be divided in a short relationship are no different to those of long relationships. However, it is ultimate ..read more