It is without doubt that we are living in unprecedented and uncertain times. Despite the uncertain times COVID-19 has presented us, the Family Court continues to operate and legislation governing family law matters continues to apply. If you are separated or divorced, this means that you are still subject to time limitations which may impact your … [Read more...]
Property & Financial Settlements During COVID-19 Pandemic
In this Article we address some of the critical issues you need to be aware of when considering property settlement, or advising clients about property settlements, in the current climate. If you have already commenced proceedings in the Family Court, a practical issue of importance is that the Court has recently advised us that apart from … [Read more...]
Parenting Arrangements During COVID-19 Pandemic
At Kerr Fels, Family and Divorce Lawyers, we have had a wave of queries from clients who are concerned about COVID-19 and the impact on them and their families. Many parents are wondering about the impact on their parenting plan or court orders, such as whether the children should be remaining with the primary parent, whether they still need … [Read more...]
The process and benefits of consent orders
Court proceedings can present a significant emotional and financial strain on parties. There are also significant delays in the Family Court for contested proceedings which can have the undesirable impact of having litigants fell that their life is on hold while they await determination of their matter. Consent orders carry the advantage of … [Read more...]
Divorce & Separation: Getting Back Your Legal Costs
In family law cases, there is a blanket rule that each party shall bear their own costs of any proceedings in the Family Court. Essentially, the Family Court operates on the basis that each party pays their own costs, with neither party receiving the benefit of the other’s contribution to their legal fees. There are some circumstances when the … [Read more...]
A smooth separation process
This article address the common issues relating to the process and how to work towards a smooth separation or divorce. Following most separations, a common query of all clients is about the process. Specifically, common questions which are asked are:- 1. What is the process? 2. Do we need to go to Court if we agree? 3. How … [Read more...]
Who is entitled to what in a separation or divorce?
This article addresses the common issues raised when couples are separating and concerned about who is entitled to what. As Divorce Lawyers, three common questions our clients ask when separating are; What am I entitled to? How will our assets, including the home, investments and our debts be divided? What percentage do I get to keep? … [Read more...]
Property settlement in separation and divorce
Following the breakdown of any marriage or de facto relationship, issues often arise as to the division of property and each person’s ongoing financial support. This article addresses some of these issues and ways to settle property in the event of a separation or divorce. A property settlement between you and your former spouse or de-facto … [Read more...]