December 2009

  • I just want a divorce - what do I do?

    21 Dec 2009 Posted by John McClelland

    The short answer is to visit www.fmc.gov.au/forms/html/divorce.htlm.  However, this ‘blog will provide something of a context for Divorce Applications and their repercussions.

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  • We’re separated: Where do the kids spend Christmas?

    18 Dec 2009 Posted by John McClelland

    Christmas may be a time for family breakdown, but after separation it is even harder to arrange the day.  Each year the Family Court of Australia puts out a deadline (usually mid-November) after which it cannot guarantee applications for Christmas parenting time will be heard.  The smartest thing to do when planning Christmas is to make arrangements early. 

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  • Pre-Nuptial Agreements - What could go wrong?

    14 Dec 2009 Posted by John McClelland

    You may know that since December 2000, binding pre-nuptial Financial Agreements have been able to be made under the Family Law Act.  These can now apply to married and de facto couples.  Financial Agreements are designed to prevent future claims being made in Court for property settlements and maintenance for a partner (but not to prevent child support claims).

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  • Spousal Maintenance for an estranged Defacto Partner!

    10 Dec 2009 Posted by Ed Clark

    Recent changes in the Family Law Act enable a defacto partner to successfully claim maintenance from their partner. In Vine & Carey The Court found the parties had lived in a defacto relationship for more than two years and as the relationship had broken down after the new legislation took effect from 1 March 2009 the female partner could claim maintenance from her now estranged former male partner.

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  • Some spousal financial fights are worth the battle

    9 Dec 2009 Posted by Ed Clark

    The recent case of Parke highlights the necessity to run  some cases to judgment rather than be bullied into an unfair settlement.

    In Parke, a wife demanded 35% of a $1,400,000 asset pool. The marriage was of 6 years duration. There were no children. The wife made minimal financial contributions but sought an adjustment in her favour based on her non financial contributions, her substantially lower earning capacity and the husband's commitment to support her.

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  • Separating the business when you separate

    8 Dec 2009 Posted by John McClelland

    On separation it can be difficult to distribute a reasonable payout to the partner who is leaving the business, without losing the business itself.  Goodwill can assist both parties. 

    It may be that settlement payments can be made over time, either in large capital amounts or in smaller, more regular “income style” maintenance payments.  These may be secured by a charge over, or interest in, the business. 

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  • Child support and child maintenance trusts

    1 Dec 2009 Posted by John McClelland

    There are many ways that child support can be assessed and paid.  The basic Child Support Agency formula applies various details from the Australian Tax Office and information provided by the parents.  If parties consider special circumstances apply so that the formula is unjust, objection can be made to the Child Support Registrar and appeals from the Registrar’s decision are also available.

    An adult child (or their primary carer) may, for reasons of health or study, also be able to apply for ongoing “adult child maintenance” payments from a parent.

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