Posts Tagged “legal”


Should I have Divorced Differently?

A part of me wishes I could say that I would have done things differently in my divorce; this isn’t the case. For my children, I wish that the outcome...

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The Importance Of Following Professional Advice and Recommendations

Failing to follow the recommendations of any professional throughout the divorce process could have undesired consequences. Depending on your court case, your lawyer, appointed judge and other professionals, you may not like the outcomes that are either...

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De Facto Relationship Myths Debunked

All too often we hear couples in long term relationships say that “marriage is only a piece of paper” or “we didn’t get married because we don’t want to get divorced.” Unfortunately, these couples don’t realise that they are actually part...

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Baby Boomer De Facto Relationships Exposed

Many Baby Boomers (people born post World War II, between 1946 and 1964) often recouple when in a financially sound situation. They couple for many reasons, primarily for companionship. Rachael Scharrer, founder of online resource DivorceAnswered.com.au has exposed the lesser known truths about ...

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What To Do If You Can't Afford A Lawyer

It is stressful if you are on a budget and wondering how you will meet the costs of a lawyer. Retaining a family lawyer from start to finish may mean an overwhelming invoice at the end. Similarly, not hiring a lawyer could be a mistake...

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Mixed Emotions About Settling Out of Court

Have you ever known a person who says one thing and does the opposite? Do you know a person who keeps changing their mind or is incredibly fickle? Try making an offer for settlement with this unknown entity! I have been asked by my ex-spouse to ...

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Should You Self-Represent In Court?

Divorcing isn’t easy and there is a lot of sweat and tears wasted before you can experience the ‘silver lIf you asked me "should I represent myself in court" a couple of years ago, my answer would have been emphatically “YES!”. However, my answer today is “NO!” Some Judges are ...

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Saving Time and Money With Your Lawyer at The First Consultation

Be as prepared as possible to make the most of your time with your lawyer - by improving the efficiency of the information transfer, you will have more time to get the answers you need...

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Child Support Is A Right

Children do not grow on sunshine, fresh air and water alone. They cost money to raise and grow into amazing people. Child support is an entitlement for children aged 0 – 18 years and in a divorced/separated situation and calculated with considerations to the number of nights spent with each parent. In recent years, the …

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Do Not Press Send!

Rule number 1, Do not press send in anger. No matter how angry or frustrated you are by a comment, call, message or email from your ex-partner, do not retaliate. Do not enter into the depths of hate and payback. Be the bigger person and refrain from engaging further into a degrading situation. If you need …

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Amicable Separations Often Sour

It takes a lot of energy and effort to make a divorced couple’s ongoing relationship amicable. One person always feels like they are doing all of the compromising or “bending” to keep the relationship on the cordial track. Creating a happy, positive front while separated is possibly harder than working on the marriage...

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Divorcing With Children VS Divorcing Without Children

When I got separated, the only people I knew that had divorced did so prior to having children. All of my other friends with children were in happy, contented marriages. My friends were so supportive, but couldn’t offer any advice when it came to managing the other parent, what to do or how to handle …

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What is Sole Parental Responsibility?

In 2006, changes to the Family Law Act ensured that all parents default to SHARED EQUAL PARENTAL RESPONSIBILITY for their children. Regardless of your marital situation (single, defacto, re-married, divorced or separated). If you are a parent to a child, you may assume Shared Equal Parenting Responsibility or come to an agreement offering Shared Parental …

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Lodging a Divorce Application

Lodging for your divorce is not a hard or complicated process. The Family Law Courts have the form available and a DIY kit which clearly explains how to fill out the form. Don’t be fooled by other online services charging good money for something that you can obtain for free. You can download an editable …

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Equal Shared Parental Responsibility

In 2006, the Australian Government regulated an assumption that any two people that have a child automatically assume “Equal Shared Parenting Responsibility” (ESPR). This means that regardless of whether you and the other parent had a child from a one-night-stand or in a defacto/married relationship and regardless of whether you are now together, apart, separated…

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Interim Parenting Orders Do Not Lapse

When a judge makes a ruling or order. It can be on an interim (limited time period) basis or a final basis (which is permanent/indefinite). The interim orders stay in place until they are REPLACED by new orders (even when a time period was noted, say 6 months or 12 months). Say, the Judge ruled…

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When to Consult a Barrister

Have you thought of bypassing a lawyer and starting with a barrister? It is possible. First and foremost, fill out the Divorce Answered Separation Statement. For a small fee, the form will save you hundreds of dollars in your first appointment (with your legal counsel) and assist in writing your affidavit submission. As you can…

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How to Select a Great Lawyer

Sometimes it can be hard to know where to start and what to look for in the quest to find your lawyer. Below are a few ideas to help you along this path. In your quest to find a good lawyer; Ask friends and family for a referral for a family lawyer that they have…

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Financial Settlement and Your Property

“Possession is 9/10 of the law.” This common saying is largely true when it comes to property and divorce. First and foremost, do not succumb to pressures from your ex-partner to sell your home. It is really important that you consider the items below and consult your lawyer before putting your house on the market,…

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What is an Independent Children’s Lawyer (ICL)?

The Independent Children’s Lawyer (ICL) is an independent, unbiased legal representation for the children of a divorce that acts in and has the best interests of its clients (the children). The ICL is generally appointed when coordinating parenting orders if the case involves mental health concerns, violence, abuse, high conflict, neither parent has legal representation …

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Five Ways to Reduce Your Legal Fees

Below are five easy and simple ways to keep your legal fees to a manageable standard Be self-represented – you become the recipient of all communications and pay for advice of a lawyer as needed. Representing yourself in court will save a lot of money in time “standing around” waiting for a mention. You might…

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To Court Or Not To Court

The 2014 divorce statistics continue to be staggering according to Australian Bureau of Statistics (ABS). It found that 46,498 individuals were granted divorce that year and divorces involving children represent a staggering 47% equating to 40,152 children affected (or 1.8 children per marriage). How many of these divorces went to court or were settled out…

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Creating a Parenting Plan

Taking the time to consider what parenting plan or order you believe is appropriate for your family is helpful for a number of reasons – most importantly, because structure is essential for you to move on with life and for your children. When considering your parenting orders, three main rules must be applied; Be child-minded…

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Parenting Orders/Plans and Court

Below are a few items for consideration when collating your parenting plan – be it the Divorce Answered Parenting Plan, the Divorce Answered Separation Statement, something you are creating yourself or personal expectations that you need to manage. No plan, no divorce! Did you know that if you don’t have a parenting plan in place,…

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