If your relationship is ending or has ended, then how you document the terms of your separation (which includes property arrangements) will fall under one of three types: You do not document the arrangements at all; You enter into an informal arrangement (which might be documented by you and your partner) which will deal with matters you consider to be important. Whilst being of some evidence of the parties intentions in any future dispute in a court, these documents will generally have no legal effect and are unenforceable. Formal legal […]
Not many of us would remember singer/songwriter Neil Sedaka and no doubt only a few of us remember his hit song of the early 1960’s – ‘Breaking Up Is Hard to Do’. Sedaka’s song went like this – You tell me that you’re leavin’ I can’t believe it’s true Girl, there’s just no livin’ without you Don’t take your love away from me Don’t leave my heart in misery ‘Cause if you go, then I’ll be blue Breakin’ up is hard to do The song is about the ending […]
Times are tough – emotions are running high – is there an end to all of this? You need to make plans for the future and particularly the making of a Will and Enduring Power of Attorney to meet your current circumstances. You might just be tempted to prepare your own Will and EPA without the assistance of a lawyer. You’ve heard that the process is ‘straightforward’ and even ‘simple’. Don’t be fooled – preparing these documents yourself is fraught with danger. Homemade will kits may not be valid and […]
The media often portrays lawyers as cunning characters, smart but not always with the right sense of emotional understanding. When you are going through a relationship breakdown, emotional understanding is a quality you need to find in the lawyer you have chosen to represent you. Emotional understanding should not be the sole criteria on which you base your choice of lawyer. The ability to empathise is important, knowledge of the law is vital but above all you want your lawyer to be professional, business like and to take a no-nonsense […]
A careful and considered approach, which will require a great deal of thought on your part – are key to deciding if the process is right for your situation. Get rid of the anger – we know you are hurt and asking questions as to how it all came to this. If you have reached that point in your relationship where it cannot logically continue and the end is here or in sight, then anger and the other emotions attendant on a relationship breakdown are just a waste of time […]
Making use of the collaborative process to sort out property and parenting issues in a relationship breakdown makes good sense. Not only from a personal and health point of view, but also from a financial one. But is the collaborative process one that will suit you? The collaborative process is in essence one where you and your former partner make decisions. Decision made with the assistance of trained lawyers who know the pitfalls of adopting a combative approach to resolution of property and parenting issues. The alternative is to go […]
Some of us are blessed with children – some are not. Some of us will suffer the unfortunate circumstances of a relationship breakdown – some might not. Statistical data suggests that the chance of a relationship breakdown is about the same for married and non-married couples – you have one chance in two. So, if you are unfortunate enough to suffer a relationship breakdown, then before you take the wrong turn on the course to resolution of property and parenting matters, just stop for a moment and consider your position […]
Something most people don’t take into consideration when going through a separation are the decisions that will need to be made regarding their children’s health. Decisions such as whether or not the children will be vaccinated. Whether you feel strongly one way or the other, vaccinations can prove to be a point of contention if not addressed during the separation process. This can lead to draw out court cases. Take for instance, a recent case where there was an issue for a determination whether an 8 year old girl should […]
Parenting orders are written with the best interests of the children in mind. That doesn’t mean, however, that they always get a say in what is included. There was a recent case that took place in the High Court of Australia, highlighting this fact. The case revolved around two teenage boys, who wanted to go live with their father in New York. Their parents had split and were sharing custody of the children. It was amicable enough; the boys lived with their father and the sister their mum. The current […]
Think before you click……………….there’s many a slip to be made. The increasing use of social media sites such as Facebook, Twitter, Instagram and even popular professional networking sites like LinkedIn are increasingly changing the way family law matters are conducted. Social media makes it possible to keep in touch easily and quickly with family and friends in an instant. This ease of communicating also means that it is easier for others to track your personal and private information, particularly in court proceedings. The use of social media as evidence in […]
