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Family Violence Safety Notices

Family Law: 15 May 2024

A Family Violence Safety Notice is a notice issued by police to someone that they reasonably believe has committed family violence, and the safety notice is necessary for the safety...

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10 Quick FAQs in Family Law

Family Law: 01 February 2024

We know that navigating separation, divorce and property settlements can be complex and confusing, so we’ve put together a quick FAQ on some of the basics for you!

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Surge in Separations: Navigating New Beginnings

Family Law: 17 January 2024

As we enter the new year, many individuals find themselves reflecting on relationships and contemplating change. In January each year at Aitken Partners, we often see a spike in separations, as individuals grapple with a desire for a fresh start and consider their family dynamics during the holidays. New year resolutions and a heightened focus on family can magnify existing issues and lead to difficult decisions.

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Navigating the Maze of Spousal Maintenance

Family Law: 29 November 2023

Understanding spousal maintenance when a party is unable to financially support themselves adequately can be a maze to navigate. There are a number of factors taken into consideration by the Court, with one crucial element being the future needs of the involved parties.

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All You Need to Know about Child Support Agreements

Family Law: 14 November 2023

It is expected in Australia that both parents have an obligation to financially support their child(ren) after a separation or divorce. Whether you are paying or receiving child support, payments can be a significant concern for parents going through a separation so it is important you understand your rights in relation to child support.

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How quickly can I get a property settlement after separating?

Family Law: 09 November 2023

I am not sure why, but there seems to be some confusion amongst people that they need to be separated for 12 months before they start the process for a property settlement. This isn’t correct. As I have previously mentioned, you need to wait 12 months after separation to get divorced but not for a property settlement.

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To caveat or not to caveat

Family Law: 03 November 2023

While caveats provide an affordable and effective option to parties to prevent registered landowners from engaging in unauthorised dealings inconsistent with a caveator’s right and interest in land, there are various risks of which parties and solicitors ought to be aware.

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What happens to your HECS debt when you separate?

Family Law: 28 August 2023

HECS/HELP debts have become topical recently with high inflation causing HECS/HELP debts to rise by 7.1% in June 2023. With rising levels of debt together with more and more people pursuing tertiary education, we are starting to see people ask us whether HECS/HELP debts are considered in a family law property settlement.

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Important Things to Know about Binding Financial Agreements

Family Law: 10 August 2023

A Binding Financial Agreement, colloquially known as a ‘pre-nup’ or ‘post-nup’ is an agreement which formalises how a couple’s assets, liabilities, and superannuation will be divided in the event of a marriage or relationship breakdown. Once parties enter into a Binding Financial Agreement, they essentially give up their rights under the Family Law Act for the Federal Circuit and Family Court of Australia to determine their property settlement.

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De Facto Facts

Family Law: 20 July 2023

I have been living with my partner for a few years. Am I an in a de facto relationship? What is a de facto relationship?

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