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THE PROPERTY SETTLEMENT PROCESS IN AUSTRALIA

THE PROPERTY SETTLEMENT PROCESS IN AUSTRALIA Thu, 25 Jul 19
At Affinity Family Lawyers, we are all too aware that separation from a husband/wife or long term de facto partner can be one of the most stressful and traumatic events in a person’s life. It can also be one of the most confusing times in a person’s life, especially if the only experience someone has had of the family law system and the process is by hearing their friends or family talk about their own experiences, which are more than likely tainted with that persons own misgivings, and opinions on the system, and which may or may not even apply to you, your matter or your particular circumstances.

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WINNING LOTTO...AND THEN HAVING TO SHARE IT WITH YOUR EX-SPOUSE

WINNING LOTTO...AND THEN HAVING TO SHARE IT WITH YOUR EX-SPOUSE Thu, 25 Jul 19
A recent American case has made headlines with a Court determining that a mans $30 million lottery win was to be split, and $15 million was to be paid to his ex-wife, despite the parties having been separated for over two years prior to his win. Although they had been separated for over two years, they were in the middle of divorce proceedings when Mr Zelaskos winning numbers came up, and as a result the Court considered that the ticket was purchased with marital money, was a joint investment and thus, the windfall was marital property.

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SEPARATION, PROPERTY SETTLEMENT AND DIVORCE – WHAT THESE TERMS REALLY MEAN

SEPARATION, PROPERTY SETTLEMENT AND DIVORCE – WHAT THESE TERMS REALLY MEAN Mon, 1 Apr 19
The family law solicitors based in our Gold Coast office have noticed lately that the terms separation, property settlement and divorce are often used in the incorrect circumstances, especially when someone going through a separation is chatting to family and friends, and the incorrect use of these terms can lead to confusion. To clear up any confusion, we thought we would go over these terms, and explain a little bit more about them in easy to understand language, so if you are going through a separation, you know the general steps involved and what happens at each step along the way.

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WHO PAYS PRIVATE SCHOOL FEES AFTER SEPARATION?

WHO PAYS PRIVATE SCHOOL FEES AFTER SEPARATION? Fri, 8 Feb 19
One of the biggest areas of contention we see in Gold Coast Family Law matters after parties have separated, is who is going to pay for the children’s private school fees. The Department of Human Services (DHS) typically uses a specific formula to assess the amount of child support required to support a child on a day to day basis, taking into account the income of the parents, the care levels of each parent and the estimated costs of children of the child's age (periodic child support). Significant (and out of the ordinary) costs for the child, including, but not limited to, things such as private school fees and medical expenses (non-periodic child support), are generally not assessed by DHS. Therefore, the collection and payment of those types of expenses will likely need to be arranged between the parties themselves, and it is an area where disagreements often arise as parties struggle to process the separation itself as well as trying to navigate life after separation.

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SEPERATED FROM YOUR SPOUSE OVER THE CHRISTMAS BREAK? WHAT TO DO NEXT

SEPERATED FROM YOUR SPOUSE OVER THE CHRISTMAS BREAK? WHAT TO DO NEXT Fri, 11 Jan 19
At Affinity Family Lawyers, we understand that separation from a husband/wife or long term de facto partner can be one of the most stressful and traumatic events in a persons life. Unfortunately, during/shortly after the annual Christmas/New Years break we generally see an increase in the rate of separations. Whether its due to families spending extra time together over the break, or increased family/financial pressures which generally arise with the Christmas/New Year period, it appears that many people decide that they are wanting a fresh break at the start of a new year.

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INTERNATIONAL CHILD ABDUCTION

INTERNATIONAL CHILD ABDUCTION Fri, 9 Nov 18
Note: This is a very broad and complex area and this article is in no way intended to provide a complete overview of this area of law. If you require advice in relation to this area of law you should contact one of our professional and experienced Gold Coast lawyers to seek advice tailored to your specific circumstances. An issue which can be of concern to separated parents, particularly around school holidays and the Christmas break, is where children are scheduled to be taken on a holiday by one parent, either interstate or out of the country. There are a significant number of parents who are fearful that their children will fail to be returned by the other parent.

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IF I GOT MARRIED OVERSEAS CAN I GET DIVORCED IN AUSTRALIA?

IF I GOT MARRIED OVERSEAS CAN I GET DIVORCED IN AUSTRALIA? Thu, 27 Sep 18
If your marriage occurred overseas, you can still apply for divorce in Australia if either you or your spouse: 1. regard Australia as your home and are an Australian citizen or resident; or 2. are an Australia citizen by birth; or 3. are an Australia citizen by grant of an Australian citizenship; or 4. ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

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DO WE NEED TO INVOLVE THE COURT IN RELATION TO OUR PARENTING PLAN?

DO WE NEED TO INVOLVE THE COURT IN RELATION TO OUR PARENTING PLAN? Wed, 4 Jul 18
During a separation many couples are able to put aside their differences to focus on the best interests of the children, despite the common misconception that ‘separation often turns ugly’. If this sounds like you and your former spouse, you do not necessarily need to go to Court to finalise orders in relation to your children. Instead, you can document your agreed parenting arrangements in relation to your children in a parenting plan, which is less formal than court orders, however is not legally binding.

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CHANGING YOUR WILL AND POA AFTER SEPARATION

CHANGING YOUR WILL AND POA AFTER SEPARATION Wed, 16 May 18
Separation is a tumultuous time for all involved, usually requiring parties to navigate logistical issues such as living arrangements, finances and working together to provide a stable environment for any children and pets, and at the same time as continuing to work and attempt to process emotions, feelings and to grieve for the loss of the relationship.

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WHAT HAPPENS IN A PROPERTY SETTLEMENT WHEN MY SUPER IS SPLIT?

WHAT HAPPENS IN A PROPERTY SETTLEMENT WHEN MY SUPER IS SPLIT? Tue, 27 Feb 18
After the family home, superannuation is generally the second largest asset of many families, and as a result, it becomes very important when parties are splitting their property after separation. The Family Court has had jurisdiction to deal with superannuation entitlements for over 10 years, and amongst other things, can make a splitting order which directs the superannuation trustee to split a members entitlement and pay a percentage or fixed amount to their spouse by way of a new super account being opened for the spouse or the split amount being rolled over into the spouses existing super fund. It is also important to note that a super fund of less than $5,000 cannot be split.

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