Articles

Inheritances and family law

Families and money can sometimes be a volatile combination. That is never more so than when separation and inheritances are concerned. When is an inheritance an asset for family law purposes? The simple answer is “almost always”. But the answer is not always simple. Why is an inheritance an asset? When a separating couple needs […]

Shining a light on drink driving

Drink driving continues to be one of the main causes of road fatalities and injuries in Australia. It is clear why Governments and the Police support strong laws, and why the Courts impose tough penalties. In this article we take a step back and examine why we have the laws we do today. Random Breath […]

The divorce process explained

Divorce is the well known legal concept of ending ones marriage. What is less well known or understood is that in Australian law we have an established principle of nofault divorce. What is even less well known is the mechanics surrounding what is actually done, and the steps involved. In this article we will endeavour […]

Children’s care arrangements following separation

Following a separation parents do not have to go to Court about the care arrangements for their children. As a matter of principle we encourage our clients to reach an agreement if possible without the need to resort to the Family Law Courts. Parents who are able to reach an agreement regarding care arrangements for […]

Sexting – what are the legal ramifications?

‘Sexting’ is the term used for the communication or distribution of sexually explicit (nude, sensual or indecent) material including, photos, ‘selfies’, or videos through text messages, internet posts, chat rooms or other social media. These images leave a ‘digital footprint’ and seldom disappear from the internet entirely – once loaded, there is little control over […]

We’re still friends, why do we need a ‘legal’ property settlement?

Many couples separate on good terms, which is great. The breakdown of a relationship can be difficult, however putting differences aside to move forward can be beneficial, particularly where children are concerned. Former partners who remain on good terms may choose to make informal arrangements regarding the division of their property. However, the failure to […]

Social media and family law – Just don’t do it!

Social media – Facebook, Instagram, Twitter, Snapchat and the like – can be a lot of fun and have become an accepted part of modern life. Many of us use such forms of electronic communication to share the exciting, as well as the banal events in our lives, to express our views and to stay […]

Intervention Orders – things you need to know

Relationship difficulties and breakdowns are a sad reality of modern life. Difficulties can arise in any relationship – with your spouse or partner, your former partner, adult children, a work colleague, even between flat mates. Relationship difficulties or breakdowns can sometimes involve actual or threatened violence. At times of stress or when emotions are running […]

Understanding your legal rights if questioned by police

Surprisingly, many people do not know what their legal rights are if they are questioned by a police officer. It is important for everybody to understand these rights, particularly teenage children, young adults or those who may be vulnerable. The way a person reacts to police questioning can have a significant impact on how the […]

Making Your Will Count – Healthy Will Checklist

It is important for everyone over 18 to have a Will to make sure their wishes are followed and their assets are distributed as they would want after they die. If you don’t have a Will your assets will be divided according to how the law dictates in the rules of intestacy, that is, when […]

Family Law Property Settlements. Is a 50/50 split the starting point?

Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements in a property settlement and the assets they are likely to retain. This is only natural given that Family Law is a complicated and emotional area of law which is […]

My name is not on the property’s title – what can I do?

Just because your name is not on the title of property does not mean that you cannot protect your interests in it. It is possible to place a caveat on the title of a property in Victoria when you have an interest in the property. It is really important that you do place a caveat […]