You and your partner may have recently separated, or perhaps you are considering separation, and you are questioning what will happen with the family home. Who will stay? Who will go? Who will pay the bills? Questions such as these frequently arise here at Nolan Lawyers, so we have taken the time to answer them [...]
When establishing whether you have to pay spousal maintenance or whether a party has a right to receive spousal maintenance, the Court first applies a twofold threshold test: Does the payer have the capacity to pay? This can also be framed as – is the payer reasonably able to pay after their own reasonable living [...]
What happens if you have separated from your partner, you are in the process of negotiating your property settlement and you win the lottery? Surely, your former partner should not be entitled to any of your lottery wins. You were separated right? Well, unfortunately the law may not be on your side with this one. [...]
Don't fall into the trap of not formalising your property settlement when you already have an agreement with your former partner, or you have no significant assets to divide, such as a house. But why engage lawyers and spend money when you already have an amicable agreement? Or why formalise a property settlement when there [...]
Separation is seldom an easy process and working through the best outcome for everyone is important, especially when children are part of the picture. One of the many challenges couples face when deciding to split is the ongoing support of their kids. Most parents rightly make this their priority, however sometimes the circumstances can be [...]
Where domestic violence occurs within a family, the absolute priority is ensuring the safety and wellbeing of the other partner and their children. One option is to have an Apprehended Domestic Violence Order (ADVO) taken out against the abusing partner. In most cases, if you have been issued an ADVO, you will still be allowed [...]
One of the most common questions we receive as family lawyers is whether it is necessary for parties to a marriage or de facto relationship to formalise their property settlement when they have reached an agreement about who will retain the property. The answer is yes! If there is a property that is required to [...]
This Sunday we celebrate Mother’s Day. It is an opportunity for everyone to pay tribute to all mother figures in their lives and thank them for all their love and support. For separated or single mothers however, this day can come along with its own set of problems. Mother’s Day may be an upsetting and [...]
It is a real fear for some parents following a separation or divorce that the other parent may take their children overseas with no intention of returning. This is particularly evident in cases where one parent has grown up overseas and their family continues to reside there. It is natural for parties to seek support [...]
Parties involved in a Family Law matter have a duty to disclose to the court and to the other side certain financial information which is relevant to an issue in their case, which is in their possession or which they have authority or ability to contain. This is called the “duty of disclosure” as set [...]
As a matter of principle, we encourage our clients to reach an agreement, if possible, about their parenting arrangements post separation, without the need to resort to the Family Law Courts. One advantage in reaching an agreement is that the legal fees will be significantly reduced, and in our experience, the parties are more likely to [...]
