Family Law Blog

Tag: family lawyers

  • When emotions run high
    Posted by on 15 May 2013
    We see it in movies and television shows. We see it across the media. Many of us, also, see it in our own lives. Separation can, in many cases, lead to devastating consequences for the families and children involved. Often, spite can play a big role in the downward spiral. While it is easy for an outsider to think, ‘how can someone behave that way?’ for the spouse involved, it is quite a different matter. More often than not they will think along the lines of ‘where did it all go wrong?’ or ‘how can I get revenge?’
  • The ABC of Divorce
    Posted by on 8 Apr 2013
    Sesame Street now teaching kids about divorce? When I was a child, I remembered Sesame Street teaching me my ABC, 1,2,3 and my colours. These days, apart from teaching kids these basics, the show has expanded to embrace more affective topics such as relationships, ethics, and emotions. One such topic (sadly, but probably necessary in this day and age I believe) is the issue of divorce.
  • Financially Candid: To be or not to be?
    Posted by on 4 Feb 2013
    A very wealthy London man has recently been sentenced by the High Court in England to six months’ imprisonment as a result of failing to disclose his financial circumstances to the Court in his family law dispute with his former wife, and also for falling behind in his child support payments and has subsequently been jailed. Clearly, this is an extreme case and not all disputes as to financial disclosure will result in a jail sentence. But what does happen if tax returns are botched to show a lower income to reduce child support payments? What action will a Court take to a litigant who is not being entirely frank as to his or her financial circumstances to avoid paying more to their former spouse by way of property settlement?
  • Bringing home the bacon....
    Posted by on 28 Sep 2012
                Long gone are the days when it was considered the man’s sole job to 'bring home the bacon' for their family. The Diversity Council of Australia has recently reported that having the flexibility to manage family and personal life was one of the five most highly valued job characteristics for men, ranking third on the list for young fathers. The key findings report that demographics have changed and more men in the workforce are now experiencing higher levels of demand in terms of balancing their work and family/personal commitments; with the statistics revealing that 64% of fathers had a partner in the paid workforce, and 31% had elder care responsibilities. But does changing nappies, rushing the kids to school, ironing, washing, cooking dinner, collecting the kids from school and taking them to their soccer and dancing classes pay off when the bacon is divided 10 years down the track should ‘happily ever after’ become a mere fairytale? The reality is that Courts do take these tasks into consideration when determining a party’s entitlement in property settlement proceedings in what are commonly known as ‘contributions to the welfare of the family’; that is, tasks performed as a homemaker or parent. In addition, Courts look at the financial contributions that each party brought into the relationship. This may include property, inheritances, income from employment, redundancy payments or prize winnings. Non-financial contributions are also relevant in property settlement. These involve any act which contributes to the acquisition, conservation or improvement of property, such as building a playroom for the children or being the primary carer and homemaker for the children such that the other party is able to pursue income-producing activities. The weight of the various contributions however depends on a multitude of factors,including the length of the relationship, the size of the contribution and when the con
  • The Law re Loathsome In-laws
    Posted by on 18 Nov 2011
    “My mother-in-law is an angel” One man said to his friend. “You are lucky” his friend replied “mine is still alive.” We have all heard the jokes, whether they were said with tears of laughter or tears of frustration. On an interesting side note, a survey conducted a couple of years ago found that women in general tend not to like mother-in-law jokes as they were either mothers-in-law themselves or knew they would one day become one. However no matter which side you are on, I think it is safe to say that plenty more than a fair few people in relationships have an issue or 10 with their in-laws.
  • The Court’s Code of Conduct
    Posted by on 7 Nov 2011
    Walk into any court room and you will automatically feel the respect and formality everywhere you look. I always find there is something very solemn and revered about the Court where the truth is separated from the lies, judgments are weighed and delivered and precedents set for future generations to follow. It is only befitting that such an atmosphere would have its special code of conduct. You can call it the CCC, or triple C or even C3 but whatever you call it, the Court’s Code of Conduct is something everyone should add to that area of the brain where etiquette and netiquette mingle and socialise. Whether it’s theLocal Court, Family Court or High Court there are certain things that should be (or not be) done when in them. However before the list of Dos and Don’ts is presented, do let’s take a walk down tradition lane. I don’t know about you but it seems that the first question I get asked when people know I am a solicitor is “Do you wear a wig?” My reply is always “not yet, my hair is still intact.” However there is more behind my not wearing a wig than my head-full of hair. Introduced in the 1680s, wigs became part of the court attire and as time passed so did their function. Nowadays, the wig is worn by judges and barristers appearing in the Family court, Supreme Court or High Court. Which leads to the second most asked question “What is the difference between a barrister and a solicitor?” In a nutshell, a solicitor is the lawyer who will handle the case from the get go, prepare the documents and handle the everyday running of the matter. A barrister is the lawyer who will go to Court at Hearings, the one who will cross examine witnesses and is usually easily spotted by their traditional black robes. Another person you will come across in court is a Court Officer. An officer is the one who will make sure the parties names are called out before court, a document is handed up to the Bench (where the Judge or magistrate sits) from the Bar (the table faci