In circumstances where there has been family violence or abuse or another situation which potentially place a child at risk of harm, the question for a Court is whether a parent who creates such a risk should spend time with the child, and if so, how that time should occur, and whether that time is best supervised.
In the Court case of Stott & Holger and Anor  FamCAFC 152 the Court heard an appeal by the maternal grandmother against a Court Order that permitted a 10 year old child who lived with her to spend unsupervised time with his father who had “a history of serious violence”.
In the Court case of Simic & Norton  FamCA 1007 Judge Benjamin referred with concern the “culture of bitter, adversarial and highly aggressive family law litigation” in the Sydney registry of the Family Court.
Wife awarded significant adjustment for caring for daughter 20 years after separation!
In the recent case of Orchide  FCCA 1833 Judge Bender considered a marriage between a couple who had been together 20 years, then separated for a further 20 years. They had a daughter who was 9 years old at the time of separation and who continued to live with the wife in the former matrimonial home. The home was worth $230,000 at separation, but $1,325,000 at trial.
To make sure your assets are protected!
A question we often get asked is “Why do I need to bother with a legal settlement in a family separation? My ex-partner and I have agreed on everything and we are amicable. We have a hand-shake agreement and have made a deal”. The answer is quite simple. Without a proper legal document effecting your deal, either person in the marriage or relationship can come back at any time in the future to make a claim. A recent Court case highlights this very issue.
So, who keeps the dog in a family separation?
February 2018 marks the start of the year of the Dog in the Chinese Calendar. I have been lucky to have a family pet dog throughout childhood and adult life. My husband and I cherish our little canine fur child “Pablo”. Dogs are loyal and dependable. They express such joy and excitement at the simple things in life. They can really cheer you up when you are feeling down. So, who keeps the dog in a family separation?
So, What’s the difference between a ‘Friend with Benefits’ and a ‘Defacto’?
Valentine’s Day this month sparks and renews romance. So, when does that special romance become a defacto relationship? How much fun can one have before things get serious? (legally!).
In the recent Family law case of Kapsalis the parties entered into a “Prenuptial Agreement” pursuant to s 90B of the Family Law Act 1975. The effect of the Agreement was that each party would retain their own property in the event that they separated after their marriage. They married 2 years later and were together for a total of 10 years, bearing 2 children. Continue reading
Recently reported in the media is the story of a NSW man who died unexpectedly without a Will and his entire $600,000 estate went to his estranged wife, even though the couple had already split their assets and moved on with their lives. Continue reading
A surprising number of people are unaware of what happens to their superannuation upon death. Most people, for example, don’t know that superannuation does not ordinarily form part of their estate. Or, that a beneficiary nomination is not necessarily binding on the superannuation trustee. Continue reading