Hello Everyone,
Perhaps more than any other question I get asked by clients is what happens with the children now that our relationship is over?
The old days of "Dad's" getting every second weekend are well and truly over.
The Family Law Act provides that children have a right to spend substantial time, but not necessarily equal time with both parents. The Act is primarily concerned about the welfare and happiness of the children rather than the "rights" of the parents.
The court will look at who has been responsible for the children in the past, but this does not prevent working parents from spending substantial time with their children should they be able to alter their working lives to enable this to happen.
The best solution for children is parents who are able to work out where the children will live and what their arrangements will be in an amicable fashion.
Children will be better able to cope if they are getting the same message from both parents and they are assured that they are loved by both of their parents, even if their parents are no longer in love.
Although there are these general guidelines, every family situation is uniquely different and deserves individual attention. With this said please feel free to pick up the phone and call me directly on 96136555 about your family. As well you might want to share this post with someone you know who is going through a difficult time in their relationship and may need some support.
If you have any further queries please feel free to contact Nicola Watts directly at Septimus Jones & Lee on +61 3 9613 6555
Thursday, September 9, 2010
Friday, August 6, 2010
Duty of Disclosure in Family Law
Hello Everyone
Today I want to talk about the duty of disclosure in Family Law in Australia.
Often clients are reluctant to provide their bank accounts, credit card statements, tax records and the like to the lawyers for their ex-spouse. In particular no one likes having to show that they have earnt or how they have spent their money since separation.
The bottom line is that one of the very few reasons that Final Orders for Property Settlement or a Binding Financial Agreement can be set aside is if one person has failed to disclose all of their assets and liabilities.
The relevant date is the date of hearing not the date of separation, thus if you have received an inheritance, a bonus or a share allocation after separation then you must tell the other side about it. if you have been offered a redundancy you must tell the other side. If you have been on a spending spree you must tell the other side.
There are no exceptions to full and frank financial disclosure - and failing to provide same will only cause you greater legal costs and the wrath of the courts.
If you have any further queries please feel free to contact Nicola Watts directly at Septimus Jones & Lee on +61 3 9613 6555
Today I want to talk about the duty of disclosure in Family Law in Australia.
Often clients are reluctant to provide their bank accounts, credit card statements, tax records and the like to the lawyers for their ex-spouse. In particular no one likes having to show that they have earnt or how they have spent their money since separation.
The bottom line is that one of the very few reasons that Final Orders for Property Settlement or a Binding Financial Agreement can be set aside is if one person has failed to disclose all of their assets and liabilities.
The relevant date is the date of hearing not the date of separation, thus if you have received an inheritance, a bonus or a share allocation after separation then you must tell the other side about it. if you have been offered a redundancy you must tell the other side. If you have been on a spending spree you must tell the other side.
There are no exceptions to full and frank financial disclosure - and failing to provide same will only cause you greater legal costs and the wrath of the courts.
If you have any further queries please feel free to contact Nicola Watts directly at Septimus Jones & Lee on +61 3 9613 6555
Wednesday, May 26, 2010
Hello Everyone,
I have just been reading some interesting statistics.
In 2005 there were 52,400 divorces recorded in Australia.
People are now marrying when they are older. In 2005 the average age for men was 30 and in the same year for women the average age was 28 years.
The average duration of a first marriage is 14-16 years.
Despite common misconceptions in our community you are now able to sign binding agreements to protect your assets even before you marry. Most people in Australia do not sign such an agreement for their first long term de facto relationship or their first marriage unless there is significant money involved.
However, if you are entering into a new relationship or second marriage in your forties (as the statistics indicate is likely) you really should consider protecting your assets by signing a Binding Financial Agreement.
If you have any further queries please feel free to contact Nicola Watts directly at Septimus Jones & Lee on +61 3 9613 6555
I have just been reading some interesting statistics.
In 2005 there were 52,400 divorces recorded in Australia.
People are now marrying when they are older. In 2005 the average age for men was 30 and in the same year for women the average age was 28 years.
The average duration of a first marriage is 14-16 years.
Despite common misconceptions in our community you are now able to sign binding agreements to protect your assets even before you marry. Most people in Australia do not sign such an agreement for their first long term de facto relationship or their first marriage unless there is significant money involved.
However, if you are entering into a new relationship or second marriage in your forties (as the statistics indicate is likely) you really should consider protecting your assets by signing a Binding Financial Agreement.
If you have any further queries please feel free to contact Nicola Watts directly at Septimus Jones & Lee on +61 3 9613 6555
Thursday, April 22, 2010
When can my child decide where they want to live?
Hello Everybody,
Today I thought I would address one of the most common questions I get from my clients, that is "When can my child decide where they want to live?"
Contrary to what a lot of people think, a child can not decide where they want to live at 12 or at any other precise age.
The court must act in the best interests of the child. Many factors are taken into account to determine what the best interests are and one those is "any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views".
Some 10 year olds are very mature and very clear in what they want. Some 14 year olds are unable to state their views as they do not want to be disloyal to either parent. The views of the child will be given different weight and significance in each case, but in general, the older the child the more significant their views will be.
This of course does not necessarily mean that the court will order what the child wants, if other evidence shows the views have been coerced, are not genuine or if the views do not reflect what is in the child's best interests.
That said in my experience the court is very reluctant to make orders for children over 16 years of age and will usually act in accordance with their wishes.
If you have any further queries please feel free to contact Nicola Watts directly at Septimus Jones & Lee on +61 3 9613 6555
Today I thought I would address one of the most common questions I get from my clients, that is "When can my child decide where they want to live?"
Contrary to what a lot of people think, a child can not decide where they want to live at 12 or at any other precise age.
The court must act in the best interests of the child. Many factors are taken into account to determine what the best interests are and one those is "any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views".
Some 10 year olds are very mature and very clear in what they want. Some 14 year olds are unable to state their views as they do not want to be disloyal to either parent. The views of the child will be given different weight and significance in each case, but in general, the older the child the more significant their views will be.
This of course does not necessarily mean that the court will order what the child wants, if other evidence shows the views have been coerced, are not genuine or if the views do not reflect what is in the child's best interests.
That said in my experience the court is very reluctant to make orders for children over 16 years of age and will usually act in accordance with their wishes.
If you have any further queries please feel free to contact Nicola Watts directly at Septimus Jones & Lee on +61 3 9613 6555
Monday, March 22, 2010
Welcome to the Septimus Jones & Lee Family Law blog.
Welcome everyone. On behalf of Septimus Jones & Lee it is my great pleasure to introduce our firm to you.
We are a Melbourne based law firm renowned for our work in all aspects of Family Law.
In the coming weeks and months we will be using our blog to update you on all developments in Family Law and how those developments will affect you and your family.
The area of Family Law has evolved into an increasingly technical and specialised legal area given the major and ongoing changes that continue to be enacted.
Our goal for this blog is simple. We want to create a community and take a user friendly approach in Family Law and present it to you in a simple and practical way that will benefit you and your family.
Each family and each situation is different and requires a personalised approach naturally, we would be pleased to assist you in any way we can, should such a situation arise.
We are a Melbourne based law firm renowned for our work in all aspects of Family Law.
In the coming weeks and months we will be using our blog to update you on all developments in Family Law and how those developments will affect you and your family.
The area of Family Law has evolved into an increasingly technical and specialised legal area given the major and ongoing changes that continue to be enacted.
Our goal for this blog is simple. We want to create a community and take a user friendly approach in Family Law and present it to you in a simple and practical way that will benefit you and your family.
Each family and each situation is different and requires a personalised approach naturally, we would be pleased to assist you in any way we can, should such a situation arise.
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