Most married couples don’t expect to divorce, let alone have the prudence to plan for it. Whilst we've seen a recent drop in the Australian divorce rate, the statistics show that one in three marriages still don’t last. So, what happens when “I Do” becomes “To Do”? Every divorce and separation is different given the family structure and circumstances of each marriage are varied. But the common thread in every divorce is that there are many people to think about and many things to do. … [Read more...] about 3 Matters to Discuss with Your Family Lawyer
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If spring is the season to wed, research suggests summer is the season to separate. But does it need to be? A US study found that the national divorce-filing rate goes up in March and August of each year. In Australia, the peak period for separation is in February and March. And according to the researchers, this is no coincidence. They found a seasonal pattern for divorce and separation follows the summer and winter holidays. And as a trusted family lawyer practising for over 30 … [Read more...] about Six Ways to Reclaim Your Marriage and Avoid Divorce?
Starting a romantic relationship is an exciting time. The choice to take it a step further and commit to a long-term arrangement, either in a de facto relationship or in marriage, should be the decision of the couple. But, until recently, marriage wasn’t an option for same-sex couples in Australia. Thus, the debate for marriage equality: giving same-sex couples legitimate choice about how they arrange their relationships. Marriage equality is a hugely positive step forward, not only from a … [Read more...] about De facto Vs Marriage: Is One Better Than The Other?
After their parents separate, should children have a say in what happens to them? The reality is that historically, in Australia, parents have tended to believe they can work out the arrangements without their children’s direct involvement. It is true that most parents are successful in working out the terms of their separation and can do so without having to go to court. Often they will use a process called Family Dispute Resolution (or FDR). This is a very effective mediation process in … [Read more...] about Should Children Participate in Family Dispute Resolution?
Most couples accept that they need to divide their property following the breakdown of their relationship. But what about their debts? Do they have to divide these too? Many people don’t consider the division of debt fair or necessary: Why should I have to pay his or her debts, when I knew little or nothing about them and they were all his or her fault? Why should these debts be imposed on me as a result of my marriage or relationship? Do these spouses have a point? The answer is, it … [Read more...] about How to Avoid Sexually Acquired Debt in Divorce
Marriage preparation or beginning a new defacto relationship can be a wonderful and exciting time, with much to plan and prepare. But there are important things to consider. There are bound to be new financial responsibilities and obligations, particularly if you are bringing substantial assets into the relationship or have responsibilities for children of prior relationships. If you don’t think about these issues, they may come back to haunt you. Four things to consider before you take the … [Read more...] about Marriage Preparation: Before You Take The Big Step