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...]
Waging the Constant Bureaucratic Battle: Fee Reprieve for Family Law Clients
As is always the case, come 1 July of each year, solicitors are provided with notice of changes to fees in all jurisdictions including the family law jurisdiction. As solicitors we brace ourselves for this news. Too frequently there is concern, that the filing fees will become so excessive that our clients will not be able to afford them. Yes, having a concession card helps, yet even then some … [Read more...]
Celebrating 40 Years: Family Law Act (1975) A Revolution For Families
This week marks 40 year anniversary of the Family Law Act, which saw the shift of its focus on protecting society’s most vulnerable members. It should be noted that Family law is continually undergoing changes and there has been continual changes in the Act - as the diversity of families increase, so does the law that protects it. In 1975, the Australian government created the Family Law Act … [Read more...]