Tag Archive for: family law

One of the biggest complaints about going through a separation and dividing assets and making arrangements for children is the amount of legal fees parties might incur in the process.  Nobody wants to spend an enormous amount of money on lawyers, something we here at Southern Waters Legal know and understand.

We often find that the higher a person’s fees get, the higher the personal stress that is experienced.  Both are things that people should aim to avoid where possible, and below we list some things you can do to minimise both increasing legal fees and personal stress, in no particular order:

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Christmas is an exciting time of year, one filled with love and laughter, but also quite a hectic time of year getting presents ready for family.

Finishing off jobs at work can cause emotions to rise and the stress that comes with it. So can you imagine what would happen in the event that your work involved not only ensuring that everything was done by the strict deadline of Christmas, but also fulfilling the wishes of billions of people around the world?

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Separating and choosing a Lawyer – the benefits of seeing an Accredited Specialist in Family Law

When parties separate, one or both parties may seek legal advice.  A natural and common concern is which lawyer a person should see.  Lawyers have varying levels of experience and with the varying levels of experience come different levels of costs.  This gives rise to another common concern, being the amount of legal fees a person is going to spend.

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The idea of going to Court often creates a sense of dread for people who have separated from their partners. It is important to know that Court is not the only way to resolve your matter with your former partner. In fact, before a person can file proceedings with the Court, a person must usually engage in a process to try and minimise the need to attend court. These actions are known as “pre-action procedures”.

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With school holidays coming up, it can be a difficult time for separated families to agree upon and juggle arrangements in relation to their children and what time they will spend with each parent.

Unfortunately for those families the tension and stress associated with making this decision can add to making the process more difficult.

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Christmas is that wonderful time of the year when we shower our loved ones in gifts to celebrate the festive season. While it’s a joyous time for both those who are giving and receiving its important to forward think and know the ramifications associated with gifts in a Family Law and Estate Planning context, particularly substantial monetary gifts.

Let’s imagine Mr and Mrs Claus want to give one of their elves $100,000 to help he and his new elf girlfriend buy a new pad in the North Pole. It’d be important that Mr and Mrs Claus to be wary of whether they are giving the $100,000 to their elf or to both he and his girlfriend and also whether it is it in fact a gift or a loan?

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People often talk about going through a ‘messy divorce’, when in fact, obtaining a divorce is the easiest part of separation. Are you considering getting a divorce and wondering what the process will be like?

Married couples in Australia can apply for divorce if their marriage has broken down irretrievably. To apply for an Application for Divorce the parties need to be separated for a period of at least 12 months; and

• One of the parties must regard Australia as their home and intend to live in Australia indefinitely or

• be an Australian citizen by birth, descent or grant of Australian Citizenship, or

• have lived in Australia and have done so for 12 months immediately before filing the divorce.

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Following separation, you may be entitled to child support, you may have to pay child support or otherwise come to your own tailored arrangement, whereby you share costs of the children. People are often confused by this process, and why wouldn’t you be, separation involves a lot of “firsts”

Broadly speaking there are three ways to address child support:

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Divorce and the associated financial and parenting issues can be one of the most emotionally draining and financially crippling experiences that a person can endure. Conversely the process can be handled with dignity and respect.

Here are 6 tips to help you avoid a messy and expensive divorce.

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