Family

Sang Hall and Oates in their 1984 hit.

It is not commonly known that during family law property settlements, your superannuation entitlements form part of the matrimonial or de facto asset pool.

Without doubt, a family law matter can be extremely emotional and stressful times for all parties involved.

In my previous articles, I gave a short outline of Section 65Y of the Family Law Act which relates to the removal of a child subject to Family Law Court Orders from Australia.

In my previous column published 27 November 2021, we reviewed the law regarding traveling overseas with or removing a child from Australia, when the child is a subject to family law proceedings.

A Binding Death Benefit Nomination (BDBN) is a document that allows you to decide who will receive a benefit from any Superannuation you have accrued at the time of your death.

In Australia, a party to a marriage is able to make an Application for Divorce under Section 48 of the Family Law Act 1975 (Cth).

In February 2021, the Senate passed the Federal Circuit and Family Court of Australia Act 2020 providing for the amalgamation of our two specialist Family Law Courts in Australia: The Federal Circuit Court of Australia and The Family Court of Australia.

Applying to change your child’s name after separation or divorce.

The coronavirus is having a significant impact on many public services and of course families.

Many individuals now plan to have children on their own without a partner.

When married or de-facto parties with children separate they should try to enter into practical and child focused arrangements between themselves in regard to the care and welfare of their children.

When a marriage breaks down, it is not automatic that a property settlement occurs under the provisions under the Family Law Act.

Not all couples wish to marry, but commit themselves to each other.

The Family Law Act in Australia determines whether couples are in de-facto relationships for the purpose of adjusting their property interests upon the breakdown of such relationships.

The Family Law Act 1975 deals with adjusting the assets and liabilities of separated married and de-facto couples.

Married couples and de-facto parties may seek to have their property divided when they go their separate ways.

As the holidays are upon us it is worthwhile remembering that for separated parents, the Family Law Act states that both parents have “equal shared parental responsibility” of their children, until such time that a court says otherwise.

When marriages or de-facto relationships come to an end, it is suggested that parties finalise the financial and property matters between them.

When parents separate, often one parent will wish to move away with their children.

Clearly there is no way of determining how long you will live for.

When spouses separate it is important that assets, liabilities and all financial matters are dealt with in order for parties to move forward.

Often married or de-facto couples separate but do not effect a property settlement until many years later.

When parents separate there may be some disagreement in respect of the parenting arrangements of their children.

When parties with children separate they may be able to make an agreement between themselves in regard to the care and welfare and parenting arrangements of their children.

People who are married or who are living in a de-facto relationship can have their property interests altered under the Family Law Act 1975.

If you and your spouse or your de-facto partner decide to separate it is imperative that you seek out legal advice in regard to a formal property settlement to not only protect your assets but also to protect yourself from your estranged partner’s liabilities.

When couples separate, often one of the parties wishes to move to a new location for a new job, to be closer to their family, or to make a fresh start.

The Family Court and Federal Circuit Court have the jurisdiction in Australia to make orders in relation to division of matrimonial assets between separating spouses and de-facto partners.

More people drift into de-facto relationships and many do not have an understanding of where they stand legally and financially, when the relationship ends.

The Family Law Act in Australia provides where parties to a marriage are granted a “divorce order”, an application to divide their assets must be made within 12 months of the “divorce order”, unless, the parties otherwise consent to an order or leave of the Court is granted.

The Family Law Act, which is the overriding legislation which deals with parenting matters across Australia, does not prohibit parents from relocating following the breakdown of their marriage or de-facto relationship.

Where parentage of a child is an issue, an applicant may apply to the Family Court for a “parentage testing order”.

Many people probably do not know that when parties separate who have been in a de facto relationship, they only have 2 years from the date of separation to lodge an application with the Court to claim for their entitlements.

Often, when parties decide to separate, one spouse decides to relocate in order to restart their life or to move to be with a new partner.

When parties to a relationship have separated, both parties can continue to make financial and other contributions towards the assets and members of the family.

In Eufrosin & Eurfrosin [2013] FamCA 311, recently decided in the Family Court of Australia, the court was required to consider the division of a $6 million dollar lottery win by a wife, six months after the parties had separated.

A recent article which appeared in the Sydney Morning Herald concerned a property case in the Family Court called Kane & Kane [2013] FamCAFC 205.

School bullying has become an issue for many parents, particularly, with new technology and accessibility to social media websites.

After a long marriage Mr and Mrs Pratt separated, following which property settlement and spousal maintenance proceedings were listed for a three day hearing.

The Family Law team at Everingham Solomons continues to expand it’s knowledge base after I successfully graduated with a Master of Applied Law (Family Law) through the College of Law on Wednesday, 16 October 2013.

Under the provisions of the Family Law Act is that “the welfare of the child is paramount.

During a family separation, there may be difficulties associated with a parent spending time with their child who lives with the estranged partner.

When determining the live with and spend time with arrangements for children, one area that the Courts must look at is whether it is “reasonably practicable” for Orders to be made.

When parties enter into a relationship it is not uncommon for one party to earn a higher income than the other.

In situations where one of the parties lives a considerable distance from where the children reside, the question may arise as to which parent or carer is to pay the costs of travel to spend time with the children.

Property proceedings under family law which concern assets held overseas may be subject to Australian law regardless of property rights acquired under the foreign law where the property is located.

Property proceedings before the Family Court are often complex and can go beyond simple tangible property and financial assets.

Sometimes when parties separate and they have children, one or both of the parents may be required to spend supervised time with their children.

The above song title written by Louis Jordan, of course, is used in a different context when the question is asked in a legal proceeding.

As overseas travel becomes more accessible, so too does the possibility of love blossoming with someone who is a resident of a foreign country.

The Family Court and the Federal Magistrates Court will be asked at times to make orders in relation to where a child should live and how much time they are to spend with the other parent.

Recently the Local Court Magistrate was required to rule on whether a couple whose Islamic marriage included a contract that the husband pay his wife a $50,000 “deferred dowry” if he left her was enforceable.

Relocation is a term used in family law proceedings when one parent wants to change where they live and take the children with them.

An application was made before the District Court of NSW in late 2011 to trace the name of the biological father with the name of a former lesbian partner of the birth mother.

When orders have been made by the Court in relation to the welfare of children and it is time to hand the children over to the other parent, what do you do when the child says “I don’t want to go”.

Not only are parents morally obligated to support their children we should be aware that there is also an obligation for parents to maintain their children in a financial sense.

In every family law property case there must be full and frank disclosure of all financial information.

Your first marriage did not succeed but you have now found a partner with whom you want to share the remainder of your life with.

The Law Society of New South Wales operates the Specialist Accreditation Scheme to help the general public find Solicitors who have proven expertise in particular areas of the law.

There is a lot of it going around and it can have a lethal affect on one’s financial health.

My name is Sara Burnheim and I have recently joined Everingham Solomons.

When couples separate they are often required to divide the assets and debts that have been accumulated during the course of their relationship.

Most family law matters that come before the court regarding children concern disputes as to where a child is to live, or how much time they are to spend with a parent.

Whilst Australia prides itself on being a multicultural society and being accepting of the values of all cultures, the Courts have recognised that some practices may not always be in the best interests of children.