I’m separated. Should I stay in the family home? Or should I go?

By |2020-11-30T17:22:27+10:00November 16th, 2020|Uncategorized|

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 [...]

Do I have to pay spousal maintenance?

By |2020-11-20T10:23:36+10:00November 16th, 2020|Uncategorized|

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 [...]

That’s not fair! The truth about dividing your assets during a separation

By |2020-11-20T10:23:31+10:00November 16th, 2020|Uncategorized|

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. [...]

Why should I formalise my property settlement?

By |2020-11-20T10:22:47+10:00November 16th, 2020|Uncategorized|

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 [...]

How do private child support agreements work for separated parents?

By |2020-10-16T13:18:24+10:00October 1st, 2020|Uncategorized|

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 [...]

Your essential checklist when getting a divorce

By |2020-10-16T13:06:52+10:00September 23rd, 2020|Uncategorized|

Ending a marriage is a very difficult time for couples, so having a clear plan and understanding of what’s involved will reduce stress and result in the best outcome for you and your family. It’s perfectly normal to feel overwhelmed by the number of steps involved, from finance to custody, property to income, and having [...]

Does an Apprehended Domestic Violence Order (ADVO) prevent me from seeing my children?

By |2020-10-16T13:25:06+10:00September 10th, 2020|Uncategorized|

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 [...]

Stamp Duty Exemptions in Family Law Property Settlements

By |2020-08-26T21:56:25+10:00August 26th, 2020|Uncategorized|

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 [...]

Divorce

By |2019-06-28T08:49:11+10:00June 28th, 2019|Uncategorized|

Deciding to end a marriage is an incredibly difficult decision and can cause both parties a considerable amount of emotional stress. Common misconceptions One of the most common misconceptions in family law is that a “Divorce” includes your property settlement and/or parenting arrangements for your children.  The Application for Divorce is in fact entirely separate [...]

Mother’s Day for Separated Mums

By |2019-05-07T11:41:34+10:00May 7th, 2019|Uncategorized|

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 [...]

Financial Disclosure in Family Law

By |2019-02-15T08:11:38+10:00February 15th, 2019|Uncategorized|

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 [...]

Parenting Arrangements Post Separation

By |2018-10-29T14:12:06+10:00September 1st, 2017|Uncategorized|

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 [...]

What happens to your super when you separate?

By |2018-10-29T14:12:11+10:00July 9th, 2017|Uncategorized|

When a marriage or de facto relationship breaks down, property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between parties as a part of their property settlement. Superannuation splitting law treats superannuation as a different type of property.  It [...]