Things to consider when partners separate

Published in Company News by on 26 Aug

Do you have a friend or relative who has just separated?  If so, the information below should help. What is meant by separation? Separation in Family Law refers to an irretrievable breakdown of a marriage or irreconcilable breakdown of a de facto relationship (which also includes same sex couples). There is no need or ability to register a separation under Australian Family Law. Separation is a fact which must be proven if it is disputed by the other party at a later time.

International relocation and child abduction

Published in Company News by on 26 Aug

After separation, a parent or guardian may decide to move the children of the relationship overseas. However, this should be done with the fully informed consent of the other parent, guardian or a court order. An allegation of international child abduction can come about when a parent or guardian takes their children from their home country without this permission.

Top tips for reducing legal fees in your family law matter

Published in Company News by on 17 May

Family law proceedings can become very stressful. The last thing you should be worrying about is exorbitant legal fees. However, your family law fees do not necessarily have to become a burden. We have provided our top 10 tips on ways in which you can keep your legal fees reasonable. Although family law proceedings can at times be costly, ensuring you get proper legal advice is very beneficial and can help reduce stress by providing you with an understanding of your rights and what’s involved in family law proceedings. In our experience, having a family lawyer represent you in family law proceedings can help you receive a more favourable outcome compared to parties who represent themselves.

Divorce, de factos and superannuation splitting

Published in Company News by on 17 May

Once a couple is separated, their superannuation (Super) is treated as property under the Family Law Act 1975 (Cth) (FLA) and the value of the couples’ Super benefits will be taken into account when determining a property settlement. Super differs from other types of property because there are rules that govern when a party is able to access their Super. Laws regarding Super splitting apply to both married and de facto couples equally, except in Western Australia (WA). Super splitting can be a complex area of law and you should ensure you know exactly where you stand regarding Super entitlements after separation or divorce.

Personal protection orders – what options do you have?

Published in Company News by on 17 May

Relationship difficulties and breakdowns are a sad reality of modern life. Difficulties can arise in any relationship - with your spouse or partner, your ex, children, colleague, even your flatmate. Tragically, relationship breakdowns can sometimes involve actual or threatened violence. At such times, some people “lose their cool”, while others routinely use intimidation or violence to control another person. Occasionally, one person thinks they may gain an advantage by untruthfully alleging violence by another person. If you find yourself in such a situation, can you get help? Maybe someone claims you have been violent towards them and has sought a restraining order against you. What do you need to do?

Bankruptcy and family law proceedings

Published in Company News by on 02 Mar

Dividing property after partners separate is generally stressful, with each party concerned about his or her financial future. The bankruptcy of one party adds a further dimension of complexity to a property settlement. <a href="https://klimekwijayfamilylawyers.com">Klimek & Wijay Family Lawyers</a> can assist you with your property settlement.

Windfalls and family law property settlements

Published in Company News by on 02 Mar

The steps involved in determining how property is divided after the breakdown of a relationship generally include: <ul> <li>identifying the assets, liabilities and financial resources of the parties;</li> <li>assessing the parties' financial and non-financial contributions;</li> <li>evaluating the parties' respective future needs;</li> <li>determining a financial settlement that is, in all circumstances, just and equitable.</li> </ul> This is the process a Court takes in making property orders and also the approach usually adopted when negotiating a financial settlement.  It is important to note that many matters are resolved without litigation and, of those litigated, many are resolved without the need for trial. <a href="https://klimekwijayfamilylawyers.com">Klimek & Wijay Family Lawyers</a> can assist you with your property settlement.

Serving Family Court documents when your ex lives overseas

Published in Company News by on 02 Mar

When starting a legal case, you must ‘serve’ the party against whom you are proceeding with the necessary documents. Service is an important first step in any legal matter to ensure the other party is provided the information relevant to the case, and an opportunity to respond. It is particularly important when the person served is not required to attend Court, which is often the case for a divorce hearing. In family law matters it can be difficult to serve documents when the other party resides overseas, cannot be located, or deliberately avoids service. <a href="https://klimekwijayfamilylawyers.com">Klimek & Wijay Family Lawyers</a> can assist you with serving documents to your ex.