I left my husband 2 months ago without a single stick of furniture and just one suitcase of clothes. I am happy for my ex to keep the house and all the furniture and contents. I want to start afresh, with new stuff, without any reminders of my miserable marriage and old life. I have receipts for most of the furniture so it should be easy for him to pay me half of what we originally paid and I … [Read more...]
Domestic Violence; Children and Family Law
After 6 years living with the constant threat of violence I have finally left my partner. How can the Law protect my 5 year old child from my ex-spouse who has an unpredictable and frequently violent temperament? It is a tremendously brave thing for anyone to leave a relationship that is characterised by domestic violence. Unfortunately, and especially where children are involved, it is a … [Read more...]
Tricky Teens and Consent Orders
My 15 year old daughter Charlie refuses to spend time with her father each weekend as dictated in a Consent Order put in place when her father and I separated six years ago. While things between her father and I were initially tense, we have since moved on and become amicable. Unfortunately, a family member accidentally disclosed to my daughter the reason for our marriage breakdown, my husband’s … [Read more...]
Christmas & Children: Life Following Separation
Just when you thought things were getting into something of a routine after the stresses and emotional turmoil of a separation and adjusting to new shared-parenting arrangements, the silly season is thrust upon you. In an effort to retain some semblance of peace as Christmas approaches, families in this situation are encouraged to consider the arrangements for the big day (and the holidays … [Read more...]
Spouse AWOL: Can I Still Get a Divorce?
“I haven’t spoken to my husband since the day he left the family home. That was five years ago. I’ve recently met someone and we’d like to get married. Problem is, I’m still married to my first husband . . . and I think he left the country. Can I still get a divorce even if I can’t locate him?” Following a separation, the shortest time before couples can apply for a divorce is one year. … [Read more...]
Getting Separated? Who Needs to Know?
The decision to go your separate ways can be a heart wrenching one, not least of all for any children involved in the split. In the midst of moving and legal dramas it is important for separating couples to consider carefully the process, the impact of this on your shared children and to develop a strategy to protect their wellbeing during what is inevitably a vulnerable time. When speaking of … [Read more...]
Changing My Child’s Surname: What You Must Know
I went to school with a girl who changed her surname at least twice during the course of her time at primary school. What started out as a single name, Smith*, became Smith-Jones* when her mother remarried. Later, as I vaguely recall, the Smith bit disappeared and she added her mother’s maiden name Christianson*. Many years later as an adult I bumped into her at a bar and learned that she was … [Read more...]
Family Law & Social Media: Don’t Get Stung
Modern society has well and truly embraced social media. It’s rare to find anyone these days without a facebook account, and it is not at all unusual for individuals to maintain multiple accounts with social media providers like twitter, snapchat and instagram. We live in an age of over-sharing. Photos, videos, status updates, online diaries or vlogs; every single aspect of your life, the … [Read more...]
Discretionary Family Trusts & Divorce: It is Complicated
In recent years ‘Discretionary Family Trusts’ have become more popular with many people turning to them as a strategy to reduce tax and protect their assets. Consequently, it is not unusual for a party (or parties) to a marriage or relationship to be included within a class of beneficiaries of a Trust that is controlled by their parents. When understanding how Discretionary Trusts function it … [Read more...]
Family & Federal Circuit Court Filing Fees: Latest Update
It’s that time of year again! With the new financial year in full swing, lawyers across the nation brace themselves with bated breath for the release of the new Family and Federal Court filing fees. You may recall my earlier blog where I discussed my concern in relation to how these fees literally skyrocketed last year. The fees were so high (to the point of being ridiculous) that the Senate … [Read more...]
