Family Law Property Settlement without having to go to Court

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Most people following marriage breakdown and separation wish to avoid having to go to court and want to resolve property settlement as quickly and as cost effectively as possible.

Separation is an emotional time and it is not uncommon for family law solicitors to encounter situations where poor communication and troubled relationships impede the party’s ability to resolve the dispute.

While people usually think of lawyers and Court, they think of court hearing and family law litigation, ...

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Federal Circuit and Family Court

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Update on Family Court and Federal Circuit Court reform

In May 2018 Peter Hooper’s blog referred to the Federal Government’s announcement of a significant shake up of the Australian Family Law Courts system.

The changes were due to occur on 1 January 2019 however delays have been encountered and at the current date the changes haven’t come into effect.

This article outlines the current structure and difference between the courts exercising jurisdiction pursuant to the Family Law Act 1975.

The current Family Law ...

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Parenting Process

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How is a child custody dispute resolved in Queensland without going to Court?

Firstly, parenting disputes in Queensland are dealt with in the same way as for the majority of the Country.

This is because since most States referred their power over children’s matters back to the Commonwealth. Thus, the law concerning parenting after separation, parental responsibility, child support and custody come under Federal Legislation and Courts i.e. the Family Law Act 1975, Child Support Assessment Act 1989 and the ...

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Trusts and Separation

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Working with accountants – Family trusts and separation

“Family trusts” are a common structure through which people may operate a business or hold assets.

There are various reasons why people may choose to place assets within a trust structure, but how are these structures (and other trust structures) regarded in the event of separation, divorce and family law proceedings? Do they offer any protection from a claim by an ex-spouse with respect to assets held by the trust?  And what issues arise ...

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Common Family Law Questions and tips part 1

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I have set out some common concerns and questions I’ve heard from people repeatedly over the years, and I plan on doing this in a number of separate articles.

It is impossible in an article such as this to provide definitive answers to every question, and everyone’s situation is different. However, I hope what follows might be a useful guide for obtaining preliminary information.

Affordable Family Lawyers

Legal services can be expensive and often people are afraid ...

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