When parties separate and the main asset is a private company controlled by either one or both of the parties, a payment from one spouse to the other from such company (including the transferring of an asset of the company to one of the parties), now has taxation consequences for the receiving spouse. In the…
It is not uncommon in family law matters, that there is a dispute over a child’s surname. As in all other parenting disputes before the Court, the Court will then make a decision on the child’s surname, based on the best interest of the child. Section 60CC of the Family Law Act sets out what…
Formalising defacto property settlements The law regarding how defacto couples separate their property and formalise such arrangements has not always been “smooth sailing”. Now however, the vast majority of former de facto couples are able to have their property settlements dealt with under the Family Law Act, in virtually the same manner as married couples.…
If you have exhausted all reasonable efforts to negotiate a property settlement agreement outside of court, it may be time to initiate court proceedings. How do you go about doing this? To commence proceedings in the Federal Circuit for property matters, you are required to file three (3) documents being as follows: 1. Initiating Application…
When separated parties are in dispute over parenting arrangements for children, the first thing they need to do if they cannot resolve the dispute themselves, is to arrange Family Dispute Resolution (FDR). This is a mediation and there are several forms of FDR which you can choose from, including a private FDR or an FDR…
Under the Child Support (Assessment) Act, there are situations where a parent or carer who is dissatisfied with the decision of the Child Support Agency, can apply to the court for a ‘departure order’, to change the amount of child support which is payable. One of these situations is when the parent or carer is…
In some circumstances, children need to be protected from their own parents. This can be as a result of a number of factors, including that the parents are involved in substance abuse or there is family violence or a parent has mental health issues. In such circumstances the Department of Child Services (“the Department”) will…
What happens to children in the event of separation? There is probably nothing more important to us than our children and what happens to children in the event of separation is something that causes parents enormous concern and heartache. Such times are also very difficult for children. At Springwood Lawyers we know this and we…
It can be the case that a parenting Order will only recently have been made, say within the past two years, and then one of the parents wants to change the Order. Assuming that the other parent does not want to change the order, it will be necessary for the parent who wants to change…
Occasionally, after final property Orders have been made, a party may seek to have such Orders changed. To have the existing property Orders set aside, the party must satisfy the Court that at least one of the circumstances as is set out in section 79A (for married couples) or section 90SM (for defacto couples) of…