Blog

Property settlement made simple

There are three ways to have a legally binding property settlement: All three options will allow you to receive an exemption from paying stamp duty if you are wanting to transfer the family home into your own name as part of the property settlement. All three options will also allow you to split superannuation from […]

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Child custody – father’s rights, mother’s rights, children’s rights

How do I get custody of my children? Does Mum or Dad have more say? Most parents usually speak about child custody, sole custody, joint custody, access and visitation. These terms were used pre-2007, but are not used in family law anymore. Though somewhat cumbersome in sentences, family law now uses the terms lives with and […]

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The Survivor blindside – how men experience separation

My observation is that men and women break up very differently. Women are separation Ninjas and often plan it out months in advance. For men, it’s like a Survivor blindside of epic proportions. Imagine coming home after work and finding your house empty – your wife and kids are gone, your house has been gutted […]

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Help! I’m separating from a narcissist

I see a disproportionate number of people with narcissistic traits embroiled in high conflict family law disputes. The typical characteristics of the narcissist which I see are: Lack of empathy – do you find yourself thinking, if only I could make my spouse understand what I mean? Forget it, it’s not that your spouse doesn’t […]

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My partner cheated, does that mean I get more in the divorce settlement?

The answer is no. Firstly, divorce and property settlement are two different things and are considered separately. You can choose to get divorced, to divide the matrimonial assets, or to do both. Secondly, divorce in Australia is ‘no fault’. This means that there is no need to show any wrongdoing of either person. The ground […]

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Are your legal costs proportionate to your expected property settlement?

Cost vs benefit is something you should consider when working out your property settlement options. It doesn’t make sense to spend $30,000 in legal costs to fight over a possible $40,000. Lots of people commit to a high cost, high conflict legal path without fully realising what they’re getting into. I’m fairly certain that if […]

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I get 50% of everything when we divorce, right?

No. This is a common mistake people make. In Australia, there is no presumption that property should be divided 50/50 when a couple separates. Fairness The overarching question the law asks is: what is just and equitable? i.e. what is fair based on your particular circumstances. In considering what is just and equitable in your […]

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How to “win” in child custody disputes

This title is somewhat deceptive, as I don’t believe that anyone really wins in high conflict family law disputes. This is especially true when the conflict involves children. I can, however, share my observations about how you can put forward your best case from both a legal and practical perspective: 1. Be child-focused Focus on […]

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Tick tock, divorce

Property division and divorce are two separate things in family law – you can do either one, both or neither. Australia has no-fault divorce. This means that there is no need to show any wrongdoing of either person. The ground for divorce is that the marriage has irretrievably broken down, shown by the parties having […]

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Can my child choose who they live with?

Yes, depending on your child’s age and maturity. The older your child is, the more weight their views will usually be given by judges, independent children’s lawyers and family report writers in contested parenting matters. Older teenagers pretty much vote with their feet. While still legally ‘children’, 15-17 year olds have usually figured out what’s […]

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