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23/11/2020
In some family law matters one party will leave the matrimonial home and set up residence somewhere else voluntarily. The party remaining has the benefit of remaining in the home. In other cases there may be a refusal or unwillingness to relocate. There may be financial difficulties in funding relocation.
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21/09/2020
Watson & Watson acted for the husband in a property division case following a separation after a long marriage. The husband had received significant inheritances during the marriage and had been the primary wage earner. The wife had been the primary carer for the children who were by the time of the case, adult children.
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04/08/2020
Alternative methods of resolving Family Law disputes such as Mediation and Collaborative Practice are discussed on the Watson & Watson website. Arbitration is another alternative to pursuing a case in the Family Court from the beginning to the end. Judicial resolution of cases takes significant time, incurs significant costs and there are long delays for all parties involved in cases being heard before the Family Courts. These factors have resulted in people looking towards alternative dispute resolution methods.
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27/07/2020
The Bankruptcy Act (Cth) 1966 sets out the law of bankruptcy in Australia. A person can become a bankrupt if they are unable to pay their debts as and when they fall due. A person may become a bankrupt because a creditor has served a Bankruptcy Notice and then filed and pursued a Petition for Bankruptcy in the Federal Court. A person can also present a Debtors Petition to the Insolvency in Trustee Service of Australia and become a bankrupt on their own application.
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20/07/2020
Capital Gains Tax is a tax payable on a capital gain. If a person sells a capital asset such as real estate or shares they will usually make a capital gain or a capital loss. This is the difference between what it cost you to acquire the asset and what was received on the sale of assets.
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13/07/2020
If a party brings real property or other significant assets into the marriage it is considered to be a very important contribution. Property bought into a marriage is called an initial contribution. The disparity in the comparable initial contributions by each party will be diminished by the length of the marriage or relationship or de facto relationship. In other words, the significance of the initial contributions to the outcome of property division after a lengthy marriage or de facto relationship will be less significant the longer the marriage or de facto relationship. The Family Court or Federal Circuit Court will not “reimburse” a party for the value of the assets that they brought in and then divide everything else. The Family Court or Federal Circuit Court will look at indirect contributions, contributions made during the relationship and post separation contributions. The decided cases show that the Court will balance contributions.
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29/06/2020
The issue of who should leave and who should stay in the matrimonial home when the parties separate is a major and early decision. The long term consequences of the decision can influence who ultimately retains the matrimonial home on a final basis and changes the standard of living for the other. Some people can resolve the issue of who stays and who goes between themselves. Some people remain under one roof but separate within the household.
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08/06/2020
The current Coronavirus pandemic has had a dramatic and immediate effect on our way of life. Many people have in place parenting arrangements which may not be able to proceed and may make compliance with Court Order difficult or impossible to be carried out as they previously had. The new reality with Court Orders: When a Parenting Order has been made each person affected by the Order must comply with the Order. If the Orders are not being complied you should seek legal advice.
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27/04/2020
Separating couples when attempting to achieve a property division need to ensure that any settlement they reach and the transactions and transfers that take place in the course of the settlement are full and final and cannot be overturned in the future. They also want to be sure that there can be no further future claims. It is inadvisable to divide property and not document that division of property properly as a failure to document or obtain Court Orders can lead to future claims or the possibility of challenges to the transactions being made in the future.
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21/04/2020
Parenting Orders are orders that deal with parental responsibility, where children live and what time they spend with each parent and other significant adults. Orders are made in relation to changeover, places and time, educational, medical issues, travel and many other specific issues.
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15/04/2020
Watson & Watson Solicitors are engaged and act in many areas of Law which require Opinion Evidence to be provided. In many areas of dispute there is a requirement to provide Opinion Evidence.
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30/03/2020
A recent case determined by the Federal Circuit Court of Australia highlights the need for a party who seeks property division to have made contributions. Just being married or in a de facto relationship does not guarantee a property settlement.
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23/03/2020
The Family Law Act requires parents who are in dispute in relation to children to make a genuine effort to resolve the dispute by participating in Family Dispute Resolution. The dispute resolution procedure must be attempted before any proceedings can be commenced in the Family Court or Federal Circuit Court. If an agreement can be reached the agreement is used as a basis for the Parenting Plan or Consent Orders that can be approved and made by the Family Court.
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18/03/2020
The first questions commonly asked by people who have separated and want to know how they can resolve division of their property and assets, parenting issues or just get divorced are usually:
• Will I have to go to Court?
• How much will it cost?
• How long would it take?
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06/03/2020
The experienced solicitors at Watson & Watson have been involved in countless cases requiring proof of matters of opinion. Opinion evidence is separate and distinct from evidence as to facts.
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08/10/2019
Deciding to separate from your spouse or partner of many years can be a difficult decision. Shared financial arrangements cannot be separated overnight. Situations develop where one spouse/partner might care for the children while the other spouse/partner may manage the family financial affairs. You could find yourself in a situation where you do not have any information about your own including your spouse or partner’s financial situation and you may have no control or a secure income for yourself. You need to protect yourself.
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18/09/2019
The Family Law Act 1975 (Section 48(1)) provides that for a Divorce Order in relation to marriage shall be made on the grounds that the marriage has broken down irretrievably and this will require the spouses to have been separated for at least 12 months. An order for Divorce made on the basis that there was in existence a valid marriage. That is not the case with annulment of marriage.
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03/06/2019
A recurring issue in Family Law property cases is the characterisation of moneys paid by someone who is not the husband or the wife to the husband and/or wife before or during a marriage. A common example is moneys paid by the parents of one of the parties to a marriage to allow purchase of real estate. In other words, the parents of one of the parties pay moneys to them to help purchase a home.
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01/05/2019
Often one or other partner to a marriage or de facto relationship operates a business either a small business or a larger business. Sometimes one and sometimes both the partners to the relationship are involved in the business.
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12/03/2019
The Family Law Act 1975 (Cth) provides that a Court will be able to grant a divorce if there has been an irretrievable breakdown of marriage. There are significant preconditions and timeframes which apply to the commencement of an application for a divorce.
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11/07/2018
The Marriage Act of 1961 (Cth) sets out the law in relation to what is a “valid” marriage.
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21/05/2018
Having had decades of experience advising in family law the Senior Lawyers at Watson & Watson have seen the adverse effects of taking action or not taking action. Consideration must be given as to the immediate effect and the long term effect of whatever action you take. Like most things proper consideration and careful planning will assist and lessen the distress and trauma in this very difficult period in one’s life.
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27/03/2018
The effect of marriage or divorce on your Will varies depending on the laws of which State of Australia apply.
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20/02/2018
In the last few years it has become increasingly common in matters coming before the Family Court of Australia and the Federal Circuit Court of Australia to use social media postings such as Instagram, Facebook and Twitter as evidence; this may be helpful but can also be harmful.
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06/01/2018
It is often not the time to make serious decisions when you and your partner are affected by such overriding emotions. However it is appropriate to obtain legal advice from experienced Lawyers as to your circumstances, alternatives and options available.
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25/07/2017
In a recent case of Waterman in 2017 the Full Court of the Family Court considered this aspect amongst others issues that arose. We have elsewhere dealt with different matters referred to in the Waterman case in particular the effect of the failure of one party to provide full financial disclosure and the disastrous consequences of such failure.
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18/07/2017
A recent case of Waterman decided by the Full Court of the Family Court in 2017 is a very good example of how the parties to the marriage can end up with very little and the lawyers end up with the greater “slice of the cake”.
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11/07/2017
In the case of Eldaleh (2016) a Judge of the Family Court of Australia (Family Court) heard an application filed by Mr Eldaleh who was seeking a declaration that his marriage to Ms Eldaleh which took place in the Middle East in 2016, was a valid marriage pursuant to Section 88D of the Marriage Act 1961 (Cth) (the Marriage Act).
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11/08/2016
The Family Law Act and the Courts have a system that requires separating couples to participate in pre-action procedures to attempt to resolve the dispute or narrow the issues of the dispute. These procedures need to be carried out prior to the parties commencing proceedings in the Family Court of the Federal Circuit Court of Australia.
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14/07/2016
Watson & Watson often receive enquiries and provide advice in relation to whether proceedings should be conducted in Australia or in other countries throughout the world. There are advantages through some jurisdictions and disadvantages in other jurisdictions, depending upon what issues are in contention and what is the factual matrix of the relationship and financial matters.
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08/01/2016
On many occasions Watson & Watson who are experienced Family Law Lawyers are approached by parties involved in distribution of property following breakdown of their marriage or de facto relationships. Questions arise as to how the Family Court will deal with property held by a Trust. The Court deals with the issue depending on the exact nature and circumstances of the Trust.
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26/10/2015
Regularly Watson & Watson experienced family lawyers, Sydney receive enquiries from expats working overseas or from a spouse or partner.
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09/07/2015
The importance of properly considering offers made to you and properly considering offers to be made by you to the other party to resolve either particular issues or the whole of proceedings between the parties.
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02/07/2015
In cases decided under the Family Law Act the general principal is that the Court does not make an order that one party to the proceedings will pay the other party’s costs of the proceedings. Usually each party is to pay their own legal costs. However, there are exceptions to this general principal. Section 117 of the Family Law Act provides the circumstances in which the Court may order one party to pay the other party’s costs.
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19/07/2014
To formally end your marriage you must apply for a divorce. This is only one step in the process of ending a marriage.
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21/05/2012
Often parties separate under the same roof and for many reasons neither party wishes or is able to leave the home. Often one or both of the parties find the position intolerable and often it is not in the best interest of any of the parties or the children. However, often the two parties maintain the position that neither will leave. It is difficult to obtain an appropriate order for one party to leave the home but it is available. Negotiation is also difficult.
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