Upon separation, you will need to consider the division of your assets and liabilities (the matrimonial property pool) and if there are children of the relationship, the parenting arrangements for those children. These can be achieved in a number of different ways; 1. By coming to an agreement between both parties, and informally dividing up … Continued
Ordinarily you may think the answer is no, however a recent High Court case found that a tax debt of one spouse can be shifted to another during a divorce property settlement. The 2018 case of Commissioner of Taxation v Tomaras decided whether the Family court can give orders to government agencies, such as the … Continued
Negotiating school holiday time with your children can be difficult following separation or divorce. Unfortunately for some families, the tension and stress associated with making decisions around how much time the children will spend with each parent can be significant. If parents are in dispute, it is often likely that children will be affected also. … Continued
Peter Fisher Lawyers now offer clients a fast and cost effective online tool for Estate Planning and Family Law clients. Peter Fisher Lawyers has partnered with Settify, an innovative and award-winning online tool which provides a concise overview of your current situation and general advice on next steps, to help you know where you stand. … Continued
A family law judge has warned couples not to let their anger and bitterness drive their litigation, and that it is important to make meaningful attempts to negotiate during property settlement procedures. Family court Judge Robert Benjamin ordered a woman to pay a $30,000 cost order for her aggressive response to her ex-husband’s offer to … Continued
We recently shared a story of how the court deems that the best interest of the child is not always consistent with what a parents best interest is, and how the Family Court must endeavour to give a child a meaningful relationship with both parents. Here we will share a story of when the best … Continued
Probate is the legal process that confirms the true and last testament of a deceased person. The first step in the process of administering the estate of a deceased person is seeking the grant of Probate. The Probate Registry determines the validity of a Will and grants its approval allowing for the distribution of assets … Continued
Hang on a minute, aren’t these the same thing? When I am happy, my child will be happy? On one level the answer to this question is yes but in terms of Family Law there are other things to consider. Making arrangements for your children following a seperation can be difficult and emotional. It is … Continued
Being mindful of the fact that many estate claims arise from wills that are unfair, no will at all, or the lack of the capacity of a person to even make a will, it is important people understand that a will is an extremely important document. Many people think that they do not need a … Continued