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Tag Search - 'Family'

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HOW DO I GET A DIVORCE?

HOW DO I GET A DIVORCE? Fri, 12 Jan 18
You can apply to the Court either jointly or solely to obtain a Divorce, if you satisfy the following requirements: 1. You have been separated for at least 12 months and there is no prospect of reconciliation; and 2. There is an irretrievable breakdown of the marriage. 12 MONTHS SEPARATION In order to apply for a divorce in Australia, the Courts will require that you and your spouse have been separated and lived apart for at least 12 months and 1 day. SEPARATION UNDER ONE ROOF You can still be separated if you and your spouse live in the same home, however the Court will require additional Affidavit evidence to prove that there was an irretrievable breakdown of the marriage at the date of separation.

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SEPARATED PARTIES & CHILDREN AT CHRISTMAS

SEPARATED PARTIES & CHILDREN AT CHRISTMAS Wed, 6 Dec 17
As Christmas is fast approaching (again!) we thought it was timely to discuss one of the queries that we are often asked by our clients in the lead up to the Christmas/New Year break relating to children, namely, how is time with the children organised between separated parties over the break? We have visited this topic numerous times in the past, however it is still a common question that arises, and we want to ensure that we equip our clients with as much information as possible to allow this period to be as fun and stress free as it can be. While Christmas and the holidays are often a happy and joyous occasion, where families spend some quality time together, this isn’t always the case for those who have recently separated with children involved.

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AUSTRALIANS SAID 'I DO' TO SAME SEX MARRIAGE

AUSTRALIANS SAID 'I DO' TO SAME SEX MARRIAGE Wed, 6 Dec 17
In a landmark decision by the Australian public, the ‘Yes’ vote to change the Marriage Act 1961 to legalise same-sex marriage trumped those against the proposed amendments with a 61.6%/38.4% result, announced on 15 November 2017. While many were rejoicing at the outcome of the Australian Marriage Law Postal Survey, the scope and extent of the changes to be made to the Marriage Act 1961 were still up in the air, with an active debate continuing between the political parties concerning the wording to be used, the nature and extent of religious protections to be included as well as how refusals and objections to participating in a same-sex marriage is to be dealt with, particularly in light of Attorney-General George Brandis’ comment that an amendment which allowed both civil and religious celebrants to refuse to marry same-sex couples would have his support.

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SOCIAL MEDA AND DEFAMATION - BEWARE - THE LINE CAN EASILY BE CROSSED

SOCIAL MEDA AND DEFAMATION - BEWARE - THE LINE CAN EASILY BE CROSSED Thu, 9 Nov 17
The recent high profile case heard by the Supreme Court in Victoria between actress Rebel Wilson and German media giant Bauer Media has come to a dramatic conclusion, with Justice Dixon finding that Bauer Media had maliciously defamed Ms Wilson. Ms Wilson was awarded a large sum of $4.5 million dollars in damages, resulting in the largest known defamation win in Australian history. This case is also believed to be the first case where the statutory cap of $389,500.00 in place for assessing damages for non-economic loss has been disregarded. Justice Dixon made a statement to the effect that when assessing Wilson’s damages for non-economic loss the cap was able to be disregarded due to the circumstances of the aggravation in this case. Although the scope of this case is generally outside the realms of what could be expected in a less publicised/non-celebrity court battle, it is still sending a very timely and important message for the general population that what you publish online, or in social media, can be classed as defamation. Individuals need to be very careful about online presence and activity or they may be at the receiving end of an expensive law suit.

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RECENTLY SEPARATED OR CONSIDERING SEPARATING? WILL YOU BE REQUIRED TO GO TO COURT?

RECENTLY SEPARATED OR CONSIDERING SEPARATING? WILL YOU BE REQUIRED TO GO TO COURT? Mon, 14 Aug 17
One of the most common myths when it comes to separation is that “all family disputes go to the Court”. However, this couldn’t be further from the truth as a vast majority of cases are resolved without the need of going to Court, and of those matters that do end up in the Court room, only 4% proceed to a final hearing (a trial). Here at Affinity Family Lawyers, we pride ourselves on providing cost effective legal services, and encourage our client’s to resolve matters amicably through alternative dispute resolution options, such as negotiation and mediation.

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RELATIONSHIP BREAKDOWN - DO YOU NEED TO LODGE A CAVEAT?

RELATIONSHIP BREAKDOWN - DO YOU NEED TO LODGE A CAVEAT? Sat, 8 Jul 17
Where there has been a relationship breakdown and there is real property involved (for example the matrimonial home or an investment property), then depending on how the property is held by the parties, a caveat may need to be lodged over the property to protect your rights and interests in it before your ex has a chance to sell or further encumber the property without your knowledge. If you are not listed on the title to the property as a registered owner, then there is a risk that the registered owner can sell the property or encumber the property (by way of loan/mortgage) without your consent.

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ADULT CHILD MAINTENANCE

ADULT CHILD MAINTENANCE Thu, 1 Jun 17
Generally, if there is a child support assessment in place pursuant to the Child Support (Assessment) Act 1989 (CSA) or if the parents of a child have come to their own private arrangements in respect of child support, these payments usually cease upon the child reaching the age of eighteen. However, child support can continue to be required until the child has completed secondary schooling (if they are turning eighteen while still completing their final year of school) upon an application being made for the extension prior to the child’s birthday. There are also other circumstances which can end the agreement to pay child support in accordance with the CSA, including:

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FAMILY PROVISION CLAIMS

FAMILY PROVISION CLAIMS Thu, 1 Jun 17
Affinity Lawyers first discussed the Western Australian case of Lemon v Mead back in April 2015, (you can read the article here). In essence, the case deals with the estate of a wealthy mining magnate who left two of his surviving children approximately $400 million each in his will, while the remaining surviving child (a daughter named Olivia, born as a result of a subsequent relationship) was to receive only $3 million. Further, she would only receive this if she complied with very specific and restrictive requests stipulated by her father throughout the document.

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HIGH COURT CASE OVERRIDES TWO TEENAGERS' WISHES TO LIVE WITH THEIR FATHER OVERSEAS

HIGH COURT CASE OVERRIDES TWO TEENAGERS' WISHES TO LIVE WITH THEIR FATHER OVERSEAS Wed, 26 Apr 17
A recent landmark case heard before the bench of the High Court (and attracting the medias attention), has confirmed that it is in the best interests of two children (in this case two boys, aged almost 15 and 17) to return to Australia and live with their mother, despite their wishes to remain living in New York with their father. In this matter, there were three children of the marriage (the two brothers and one sister) and parenting orders had been made by the Family Court in 2014 that the parties were to have equal shared parenting responsibility of the children, and that they could be taken by either parent on an overseas holiday, provided that certain conditions were met. Relevantly, there was also a clause in the order that enabled each child to decide with whom they would like to live.

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THEYR'E NOT MINE! - CAN I BE FORCED TO TAKE A DNA TEST?

THEYR'E NOT MINE! - CAN I BE FORCED TO TAKE A DNA TEST? Wed, 26 Apr 17
We’ve all heard about, or know someone who has experienced a situation where the parent of a child needs to be confirmed. In most cases, where parentage of a child is in doubt, the parties will voluntarily submit their DNA for a parentage test. However, there are many reasons as to why one would refuse such a test, including the age-old excuse of avoiding payment of child support.

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