Category: Family Law

Why You Should Know The Differences Between A Consent Order And A Binding Financial Agreement

Anyone going through a divorce has to contend with many issues, and invariably one of them is trying to understand all the legal jargon. For this reason, it is little wonder why most divorcing couples elect to have family lawyers represent them, who, presumably, know what all the terminology that exists within Australian family law means.

Some of the biggest confusions relate to the formal agreements and orders that exist within divorce law. Two of the primary ones are Consent Orders and Binding Financial Garments (BFAs) These confusions range from thinking they both have the same legal standing through to not having a clue what either of them is. Again, it is why family lawyers are there to help, and we want to help too, so keep reading and we will outline the differences between Consent Orders and BFAs.

What Are Consent Orders?

Family Court Consent Orders will comprise two separate documents which are sent to the Family Court. One will be the application and the other will be the minute of order. The latter will outline the salient points that have been agreed to by the two parties. The agreement will relate to the property settlement and will detail all the couple’s assets and liabilities plus what they agreed to, relating to the division of property. Parenting arrangements may also be included.

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Why You May Be Stopped Taking Your Children Abroad After Divorce

Most of us might take for granted taking our children abroad for holidays, not withstanding pandemics and travel restrictions making it a lot more difficult than normal sometimes. However, family lawyers are often needed due to a parent being confronted with a scenario that they are being stopped from taking their child or children overseas.

The legal position for divorced parents with children makes taking them abroad, more than a case of grabbing their passports and flying off to countries around the globe. It can be a situation which needs to be dealt with correctly, otherwise, not only will those overseas trips with their children not happen, a parent could end up in serious trouble if they attempt them, contrary to any court orders.

In the vast majority of divorces, parents are given joint responsibility for the children, and whilst they may live permanently with one of those parents, the other has as many rights with regards to overseeing their health, education, and well-being.

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Top Tips to Get the Most Out of a Separation

As sad as it is, the simple statistics show that more than one in three Australian marriages end in divorce. In many cases, these divorces come with long, complicated court proceedings dealing with asset division, child custody, and various other things.

Hiring a family lawyer will help you get the most out of your separation. If you’ve worked hard to acquire your belongings, you shouldn’t just give them up without at least some sort of fight.

Below, we’ve listed a selection of tips to help you get the most out of your separation, despite it being an unpleasant, time-consuming experience.

Choose Your Lawyer Carefully

If you want to ensure you get a fair settlement, it’s extremely important to use a high-quality family lawyer with experience in divorce and separation cases. Doing this will help make sure you get the results you expect.

As I’m sure you can imagine, qualified family lawyers will be familiar with the entire divorce and/or separation process. They will be able to advise you on the best course of action, helping you develop a long-term game plan to ensure you get the settlement you deserve.

Think of Your Ex-Partner as a Business Connection

It’s extremely important to ensure you’re professional and careful about what you say and do when you’re working through a separation. One solid tip of experts from mediation services, is to treat your ex like you would a business colleague or an important connection.

Ultimately, you want to portray yourself as the better person here to ensure you’re treated fairly in the family court.

Keep Your Documents in Order

Various different documents can play a huge role in determining the outcome or a divorce or separation case. It’s therefore extremely important to ensure you’re in control of your paperwork.

There are numerous things you should think about getting together as soon as divorce proceedings become a reality. Try to get hard copies of bank statements, tax returns, and any other major legal and/or financial documents you can think of.

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Five Tips for Choosing the Best Divorce Lawyer

If you’re ever unlucky enough to have to go through a serious separation, you will likely need to hire top quality family lawyers. They will be able to guide you through the separation process, dealing with your legal obligations and advising you on the best course of action throughout.

However, it’s important to realise that not every divorce lawyer is equal. Although there are plenty of options out there, you need to do your research to ensure you’re always covered by the best legal advice and counsel.

In this article, we’ve outlined our top five best tips for choosing the right divorce lawyer for your needs. These include:

  1. Create a Shortlist

The first thing you should do on your search for the best divorce lawyer is create a shortlist of potential candidates. Spend some time doing research online, read reviews, and speak with friends and family to see if they have any recommendations.

Then, take the most likely candidates and list their firm and phone number. You will be using this list for future reference.

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5 Things To Consider Before Getting Married

The legalities of marriage can be complicated and confusing, and it’s a good idea to make sure that you’re aware of your obligations before you commit to any relationship. I’d recommend speaking with a good lawyers, such as Family Lawyers Perth, to make sure that you know just what’s required of you.

To help you get an idea about some of the things you need to think about, I’ve put together this list of the top five things to consider – in a legal sense – before getting married. As always, this isn’t and shouldn’t be treated as legal advice. Make sure that you do your own research before making any major decisions.

  1. Prenuptial agreements

Although some people won’t even consider prenuptial agreements, I’d recommend at least touching on the subject with your partner.

A prenuptial agreement basically allows you and your partner to keep your finances separated to some extent, which makes things easier in the case of a divorce or separation.

You should definitely consider a prenuptial agreement if one partner is entering the relationship with significantly more assets than the other.

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3 Things to Look for When Choosing a Family Lawyer

Choosing the right lawyer like Adelaide family lawyers for your case can be crucial for your success. It doesn’t really matter if you’re going through a divorce, fighting a custody battle or trying to agree on a fair spousal maintenance amount, family lawyers can help.

We understand that it can sometimes be hard to choose the right lawyer for your case. To help you make your decisions, we’ve put together a quick list of the top three things to look for when searching for a family lawyer. They include:

  1. Proof of previous experience

It’s obviously extremely important to make sure that you choose a lawyer with experience in your field. Failing to do so can lead to a range of problems, including results that aren’t really what you’re expecting.

Most family lawyers will happily provide you with details of previous cases that they’ve worked, especially if it’s likely to lead to you choosing their services. Narrow down your choices to a select group of lawyers and ask for evidence of their experience before making any major choices.

You should also ask them for any qualifications that they’re got above a simple law degree. A lawyer who has specialised and done further training in a certain field is likely to be a better choice.

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How Can A Lawyer Help With An Overseas Child Custody Dispute?

Resolving international child custody disputes can be extremely difficult, largely due to the fact that different countries have different family law systems. Finding a lawyer who has the skills and experience to take on your case can be hard enough, and the costs of international disputes can range to tens of thousands of dollars.

Ultimately, the best thing to do if you’re considering opening an international child custody dispute will be to speak with Family Lawyers Perth. They will be able to give you advice on the best way to proceed, helping you make informed decisions based on international law.

When do international custody disputes arise?

Ultimately, international child custody disputes are complicated matters which need to be treated individually. Custody disputes can arise in a number of circumstances, but there are two which are common:

  1. When a child is born to parents from different countries who then separate and can’t agree which country the child should be raised in.
  2. When two parents separate and one attempts to take custody of their children by moving overseas, hoping that the law won’t follow them.

Fortunately, there are conventions in place which are designed to simplify child custody disputes and make things easier for estranged parents.

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Splitting Assets Post Separation – How Does It Work?

Separating from a partner can be difficult on both a mental and an emotional level. However, separations usually involve more than just splitting up with your significant other – in many cases, you will have to figure out some method of splitting assets.

Employing a decent family lawyer is a good idea when it comes to dividing your assets post-separation. However, a lot of people don’t realise just how the asset division process works, and are therefore taken advantage of unknowingly.

With this in mind, we’ve put together a brief summary of how asset division post separation works. Remember, everything below is meant only as a guide – make sure that you speak to a decent lawyer before making any binding decisions.

Under What Circumstances Will Our Assets Have To Be Separated?

Generally, you and your former partner will have to come to some agreement about the separation of your assets when you’ve either been married or are considered to have been in a de facto relationship. The exact circumstances surrounding de facto relationships can be unclear, so it’s a good idea to seek clarification from your local family lawyer.

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5 Things To Consider When Divorcing A Foreign National

Divorces are usually complicated and emotional matters which can take significant amounts of time to deal with. Divorces involving foreign nationals can be even more complicated, especially if one of the partners doesn’t have Australian citizenship.

It’s always a good idea to discuss your options with a family lawyer when going through an international divorce. However, I’ve put together a short list of five things that you should absolutely consider before you divorce a foreign national – or indeed, if you’re a foreigner being divorced by an Australian citizen.

  1. Residency rights

If the spouse that you’re separating from doesn’t have Australian citizenship then you will need to consider their right to live and work in Australia. This is especially important if you have children together, because things can become very complicated when two parents are forced to live in different countries.

In this case, you might be best off speaking to an immigration lawyer to determine whether your former partner will retain their living rights following your divorce. In many cases they will – especially if children are involved – but it’s still important to ask the question.

  1. Your finances

This is relevant to any divorce, but particularly important when you’re separating from a foreigner. If your former partner is planning on returning to their home country then it’s important to make sure that your finances are in order before they leave, otherwise things can get very complicated.

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Getting a Partner Visa for Your Foreign Spouse

If you’re in a relationship with a foreign national then you might be considering bringing them back to Australia. While this is possible, it’s not always easy to do. For some people, the paperwork can be overwhelming, which is where a decent family lawyer can help. For other people, it’s simply understanding the process that’s difficult.

Ultimately, the most important thing that you need to do if you want to bring your foreign partner back to Australia is get them a visa. Depending on their nationality, this can be hard to do. However, it’s usually possible, especially if you can prove that you’ve been in a relationship for some time.

In this article we’ll outline the process of getting a partner visa for your foreign spouse (or spouse to be). We will also look at the ways a decent immigration or family lawyer can help you get your visa with the least amount of trouble possible.

Why Do I Need A Partner Visa?

If you’re in a serious relationship with a foreign national who doesn’t have residential rights in Australia then you will need to consider getting them a partner visa if you want them to move here. This is difficult, but it’s more than possible to do, especially if you’re willing to spend the time and money to do it right.

Although it’s hard to get a partner visa, it’s usually worth it. In many cases, it might be the only way for your spouse or partner to stay in Australia permanently. Unfortunately, there are usually a lot of conditions that you have to meet before you apply for a Australian spouse visa.

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