Wednesday 25 April 2018

Three Family Law Cases

Q: WHAT COULD HAPPEN IF A PARTY DOES NOT COMPLY OR IGNORE THE FUNDAMENTAL PRINCIPLES SET OUT IN THE FAMILY LAW ACT?

This creates a great deal of financial and emotional stress for all parties concerned.  For example in a matter we are dealing with the parties had agreed to mediation to resolve the financial difficulties arising from the break down in their marriage.   The mediator and the sharing of the Mediator’s fees had been agreed upon by both parties.  A date was even appointed for this mediation.

However, there is a requirement laid down by the legislation that full and proper disclosure of all relevant financial documents must be made by each party.  Such disclosure is essential if a mediation is to take place.

Despite numerous requests by our client, the husband, the wife refused to make such disclosure.  There were allegations that the wife lived an elaborate lifestyle and enjoyed many and varied overseas holidays.  She admitted that she was engaged as a nurse at 3 hospitals and did earn a substantial income.  She was reluctant to disclose the details of the income she received and as later discovered had not submitted her income tax returns for many years.

The numerous letters exchanged between the parties solicitors added to the legal costs for both parties.

The mediation fell over.  Time periods for filing applications into Court came into play and it was necessary for our client to file an application in the Family Court seeking orders for property settlement to reserve the rights of the parties to bring such application.  These proceedings were filed and served.  An order was sought for the wife, the Respondent to the proceedings, to make full disclosure of her financial documents within a period of 14 days.

As well the wife had ignored the Family Court jurisdiction and did not file her necessary Court documents in response to our client’s application.  Orders were made for her to do so within a period of 7 days.

The costs incurred by both parties were increased as a result of the wife’s non-compliance.

Needless to say, the wife did not file her court documents nor make disclosure of her financial documents as ordered.

A further application was required for the wife to comply with the previous orders.  Our client sought an order for the wife to pay his costs for this application.  Such order was made by the Court.  We are presently awaiting her compliance with these orders.

What happens next?

Eventually, orders will be made in her absence if she fails to comply with the Court orders and further costs will be awarded against her which costs will be paid out of any settlement she may receive.  She will be the loser in the end.

These are some of the frustrations that lawyers incur in family-related matters.

Contact us

The post What Could Happen If A Party Does Not Comply Or Ignore The Fundamental Principles Set Out In The Family Law Act? appeared first on Brisbane Family Lawyer.



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Sunday 22 April 2018

Three Family Law Cases

When it comes to the break down of a relationship that culminates in separation and divorce, the division of property, assets and accumulated debt can become a real sticking point for many former couples. Divorce is stressful and emotional enough as it is without the burden of having to negotiate over material goods and finances, much of which might have been a major thorn in the side of the relationship and the very catalyst for the breakup.

In this post we’ll briefly cover some helpful tips that are designed to reduce the stress levels during this sometimes difficult process and make for a more amicable settlement.

Understand Your Rights

If you are going through a divorce or de facto separation, or you believe you’re on the brink of doing so, then seeking professional legal advice from experts in family law is the wisest course of action. You will want to know exactly where you stand with everything regarding your combined assets and liabilities, so you won’t be left in the dark. Understanding your rights and what you’re entitled too will lift a great burden from your mind, so you can at least be clear about that particular aspect of the separation process.

Prenuptial Agreements

This point will obviously be dependent on whether a prenuptial agreement was in place at the start of the relationship. If there wasn’t, then it’ll be a moot point. If you and your partner did have a prenup in place, then the process of dividing assets, land, possessions, finances and liabilities will be simplified no end. It will speed up the entire process, allowing both you and your ex partner to get on with other things.

Keep It Fair

In the heat of the moment, when emotions are very raw, many couples can be prone to either greed, or wanting to have more than their fair share simply out of spite. There are really two choices here. You can try and keep the split as fair and civil as possible. Or, if that’s just not going to happen, then the division of assets will be settled in the courts, making the process more stressful and more expensive.

Not everyone is able to think logically during an emotionally charged separation, but if you can manage to keep personal vendettas out of the equation, the easier the process will be.

Avoid the Courts If You Can

No doubt most people would prefer a peaceful mediation to determine the outcome of a property settlement. It’s a far more preferable proposition to battling it out in the courts. With the help of a family law specialist and expert mediation, you should be able to avoid going before the judge. And that’s really the best overall outcome.

Seek Specialist Legal Advice

For the fairest and most stress-free resolution to a property settlement, seek mediation through a specialist family law firm. In Brisbane, the team you can count on to get results is Aylward Game Solicitors.

The post Simplify the Division of Assets With These Top Tips appeared first on Brisbane Family Lawyer.



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Sunday 15 April 2018

Three Family Law Cases

Separation and divorce is a stressful and very confusing period of life. Stress levels are exacerbated even further when children are involved. Many marriages and de facto relationships that break down will have children in the equation, and it certainly makes a clean separation that much more complicated. And divorce is difficult enough without one parent refusing visitation rights to the other. But can anyone stop you?

Can’t see your kids? What can you do?

Unless one parent is legally deemed unfit for one of a number of reasons, then both parents have the right to spend quality time with their children, whether it be a joint custody arrangement or a parenting agreement.

In a perfect world, the separation or divorce will be amicable and an agreement regarding the children will easily be reached and adhered to. However, the reality is rarely ever that neat, tidy and simple.

Let’s take a brief look at your options when it comes to child custody or visitation rights so you can spend quality time with your children.

Joint Custody or Shared Custody

In this instance the divorce has gone to the courts and child custody will be decided during legal proceedings. The result could be an even 50/50 split, where the child or children spend an equal amount of time with each parent each week or month.

Other examples of a joint custody split could see the children living with their mother from Monday through Friday, and spending their weekends with their dad, or vice versa. Or it could be one full week with the father, followed by a full week with the mother.

Often these arrangements will be dependent on a number of factors and the circumstances of each parent, such as who has the most time to spend with the children.

Parenting Plan

A parenting plan is a more informal and congenial “negotiation” between both parties. Usually mediated through a solicitor, the agreed upon parenting arrangement may or may not be lodged with the courts.

If your parenting plan was not lodged with the courts, then it’s not legally binding.

Does that mean you have no legal recourse?

No, it does not. In conjunction with your family law firm, you can still start legal proceedings for joint custody or visitation rights if one parent won’t honor the parenting plan.

If the parenting plan was lodged with the courts, and one parent refuses access to the children, then that parent is in direct violation of the legal agreement and can be forced to comply.

The same applies to a joint custody or shared custody arrangement. By law, unless there are serious mitigating circumstances such as incidences of domestic violence, both parents have to comply with the parenting agreement.

The Takeaway

Even if your split with your partner is mutual and amicable and you both want to negotiate a parenting plan, it’s always wise to have a Brisbane solicitor who specializes in family law involved to negotiate the agreement and lodge it with the courts.

In Brisbane, the law firm you can count on is Aylward Game Solicitors – your local family law specialists.

The post My Ex Won’t Let Me See My Children appeared first on Brisbane Family Lawyer.



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Tuesday 10 April 2018

Three Family Law Cases

Just the very word “divorce” is scary for many people. Thoughts of never-ending legal battles and disputes between the separating parties is often how most people view an impending divorce lawyer, followed up by opposing lawyers grinding it out in lengthy courtroom proceedings.

But does it always have to be that way? Can a divorce be settled in a more congenial fashion that doesn’t involve the courtroom?

Well, in order for a divorce to be official, it does have to pass through the court system, so you can’t avoid it altogether, but that doesn’t mean you have to make an appearance in court yourself or attend divorce proceedings. If children are involved, then it is certainly advisable to make an appearance, though.

What people associate with divorce is legal battles over the division of property and the custody of children? They envision drawn-out courtroom antics reminiscent of a Hollywood legal drama. In some circumstances this in unavoidable where both parties really can’t reach an agreement, but in most cases, it doesn’t have to be this way.

With the assistance of expert mediation services, much of the courtroom dilemma can be avoided, and it’s far better for everyone involved if this is the case. Of course, this scenario is largely dependent on both parties being keen to cooperate and reach a mutually beneficial agreement. If they are, then most of the negotiations can be kept out of the courtroom and a compromise settled on during mediation with each party assisted by their legal representative.

An example of  “Divorce Mediation”

If a parenting plan can be agreed upon through mediation, then this will avoid any bitter custody battles being fought out in court. The same goes for the division of any property or assets acquired during the relationship.

While it’s not always easy to reach a compromise that everyone is happy with, if it can be done through mediation processes, it’s a far more palatable outcome than hammering out a settlement before the judge.

Divorce is painful and stressful enough without having to endure lengthy court battles to come to an agreement. Mediation sessions are a far more congenial environment for establishing an outcome that both parties can live with. While dealing with the court system cannot be avoided entirely, it can certainly be minimized to the bare essentials.

Your Local Mediation or Divorce Lawyer Experts Can Assist

Aylward Game Solicitors in Brisbane have been specializing in family law for 80 cumulative years. That’s a lot of experience for you to call on. You can make a consultation with a divorce lawyer for this.

So, before considering taking your divorce directly into the courtroom, first discuss your situation with one of out sympathetic and highly experienced representatives. If your estranged spouse is agreeable to the mediation process, you can avoid most of the courtroom drama and come to an amicable and acceptable arrangement in a more relaxed manner.

First, seek expert legal advice so you are made fully aware of the options available to you. Make an appointment today on 1800 217 217.

The post How To Get Divorced Without Going To Court appeared first on Brisbane Family Lawyer.



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Tuesday 3 April 2018

Three Family Law Cases

There are not many circumstances in life that can be as stressful as going through a separation or divorce. It’s a very personal and emotional time, made even harder if you didn’t want the separation. Many people experience separation anxiety, a sense of loss or failure. There might also be feelings of bitterness, as well as the endless series of “what if” questions. Make sure you find the right divorce lawyer Brisbane.

These are all very natural responses and often form a part of the healing process as well.

Dealing with the emotional pain of a relationship breakdown can be helped with these top tips.

Don’t Be Afraid To Feel

Following a breakup, you will go through an entire spectrum of emotions. Healing actually depends on allowing yourself to feel them and work through them, leading to eventual acceptance of the situation. Bottling up these feelings will likely have the opposite result and could just lead to a deep-seated resentment and bitterness that won’t let go and allow you to move on emotionally. Realise that you can’t control everything in life and the outcome and don’t continually blame yourself.

Stay Active

There’s nothing quite like regular activity to keep your mind and body busy. Things like exercise will increase the flow of feel-good endorphins, leading to a much better frame of mind. This isn’t about being so busy that you don’t have time to feel. It’s all about being positive and learning how to move on with your life with a positive mindset.

Drowning Your Sorrows Is Not a Good Idea

Going out and getting drunk may feel good for a few hours as the alcohol helps to numb the pain, but your problems will still be there when you sober up; only now you have to deal with a hangover as well. People often do dumb things when they’re drunk too, such as sending text messages to their ex that they wouldn’t send if they were sober.

Set the Bitterness Free

It doesn’t really matter who was at fault. The important thing now is to be able to heal and move on. Harboring bitter thoughts and deep-seated anger will only slow down the healing process. Even if it might be the truth, blaming your ex for your current circumstances is not going to help you have a better life. It’s entirely your choice now whether you’re prepared to move on to better things or not.

Don’t Go It Alone

Don’t suffer in silence. Seek moral support and even guidance from those that care about you the most; your family and friends. While you will need some quiet time to yourself to deal with how you feel, spending too much time alone can be counter-productive. Be uplifted by those who have your best interests at heart.

Know Your Rights

Whether the relationship was a marriage or de facto arrangement, if children and/or property are involved, then you will need to seek legal counsel from a specialist family law firm. In Brisbane, talk with the experts at Aylward Game Solicitors. Make an appointment for a free consultation today and Stay Ahead of the Game.

The post 6 Top Tips To Overcome the Stress of Divorce appeared first on Brisbane Family Lawyer.



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