Co-parenting by separated parents

One of the most difficult question in the case of a separated partners/couple will always remain to be how to collaborate and co-parent their children. Curiously the partners have separated but they still owe a joint task or responsibility to provide the best care and welfare to their children. And it becomes very important for…

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Caveat to protect the interest in the property

A caveat means and implies a statutory inunction or a restraint which prevents the registration of a particular dealing with the real property which could affect the interest and ownership of the property in the existing format. The caveat also acts as a warning and a formal notice to the public at large that the…

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Inheritance and division of matrimonial assets

The question as to whether property received as a part of inheritance shall be divided between the warring spouse/partner at the time off separating and settling the financial matters is of greater importance. There are different stages in which someone can said to have received the inheritance from the family e.g., prior to the commencement…

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Parental responsibilities in blended families

In the complex social structure of a present-day modern family, the concept of parental responsibility carries a curious look and require an unambiguous understanding from the perspective of expectations of the Family Law Act 1975. The parenting order confers parental responsibility for a child on a person to the extent of duties, powers, responsibilities, or…

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A Hindu Marriage and Divorce in Australia

The marriages solemnised under the Hindu Marriage Act 1955 carries a peculiar problem. A marriage under Hindu Marriage Act can only be dissolved on the grounds specified therein to include adultery, cruelty, desertion, ceased to be a Hindu by converting to another religion, has been incurably of unsound mind or has been suffering continuously or…

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Property settlement

Property settlement and the CGT costs

The monies received form the disposal of an asset in the event of division of matrimonial pool attract Capital Gains Tax known as CGT. This refers to the increase in value of the property after deducting the asset’s cost base which is the initial cost of acquiring the asset at the time of purchase. CGT…

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Secretly recording private conversation

People are extensively using the technology including but not limited to data surveillance, a listening device, optical surveillance device or a tracking device. Such technologies provide their users an ability to gather information which may otherwise be not possible to obtain. The surveillance has the potential to impinge upon the individual’s privacy and the risks include…

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Distinction - separation, Divorce, and Nullity

Distinction – separation, Divorce, and Nullity

A few enquiries are made in the routine course of practice on everyday basis where people need a clarification on the issue of separation between the parties to a marriage, requirements for the divorce and nullity of the marriage. I will keep the writing plain and simple so that these concepts are understood by a…

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Property Lawyers

Property Settlement and Special Circumstances

The property settlement in the event of separation involves a four – step process which the court(s) would generally consider and apply to determine the real dollar figure and percentile in making a settlement order and division of the assent pool. One of the important limbs of the four-step process is to consider the ‘special…

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Residence requirements in the Divorce Proceedings

Many young Indians and for that matter from the south East Asia have arrived and continue to arrive in Australia on a student visa. Interestingly the trend recently had been to first get marry at home country and then take the flight together with the spouse to ensure the safety and mutual support. However, increasing…

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Non-human children of the family – Separation predicament

This heading of the topic may seem funny however, the role of pets is immensely important and ever growing in the modern-day society. People are seen fighting tooth and nail to retain the custody of the lovely pet and won’t like the separating partner to have a piece of it – be it a cat,…

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Surrogacy and Parentage

The Family Law Act maintains that there are presumptions of parentage of a child. Such assumptions arise from marriage, cohabitation, registration of a birth, judicial finding and signing an acknowledgement of paternity. The term parent(s) are not otherwise defined under the law. The issue of parentage arises in the case of artificial conception involving the…

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Property Division in the Wake of Relation Breakdown

The Family Law Act 1975 provides for the division of the property between the parties to the relationship. We will briefly consider as to what constitutes the property, the principles applicable for the division and the judicial restraint to be exercised by the courts while determining the division of property issues. The first requirement would…

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Separation and superannuation split

Accumulated monetary superannuation is a major asset in addition to the house(s) and/or business requires division between warring spouses in the event of irretrievable breakdown of relationship/marriage. Interestingly though, superannuation differs from other types of property as it is held in trust and is not immediately available for use. The law allows separating couples to…

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