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Butlers News

All data and information provided on this site is for informational purposes only. The Butlers Blog makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site & will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.

Ending the Transactions of Abuse

The definition of Family Violence is broad.  Family Violence is not just physical abuse.  It also includes repeated derogatory remarks, damaging property, financial control or stalking or cyber-stalking. With the advancement of technology, perpetrators are finding new and inventive ways to continue to harass and abuse their victims.

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495 Hits

Reconciliation and what it means in Family Law - Part 1

Thanks to the current social-distancing regulations, many of us find ourselves spending most, if not all, of our time alone. 

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620 Hits

COVID-19 and the Effect on Existing Orders:

For many people, COVID-19 has caused a great deal of uncertainty in areas that they previously regarded as stable: their income, the value of their assets, their ability to travel and even their ability to maintain social connections.

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49415 Hits

EPA's & AHD's for Uncertain Times with COVID-19

It is encouraging to see young people taking the initiative to ensure that they have up-to-date Wills during the uncertainty we’re facing caused by the Covid-19 Pandemic.  However, it would be even more encouraging if all age groups took this initiative to review their Wills, and at the same time to appoint an Attorney and a Guardian, and to record your wishes regarding preferred medical treatment. 

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50124 Hits

Domestic Violence and Covid-19

These are unprecedented times.  We are witnessing and possibly experiencing widespread job loss and isolation.  As people do their best to cope with the changes around them, this has been accompanied by a surge in domestic violence. 
 
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54761 Hits

Co-parenting through Conflict

Separation from a spouse or partner is one of the most stressful situations a person can go through. When you have children, you have the added pressure of functioning as a parent in the midst of your grief, loss or anger surrounding the breakdown of your relationship.

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403 Hits

Our Courts and “The System” - Who will be held accountable for Australia's recent family tragedies?

The Australian Courts and their procedures and practices are far from perfect.  They require reviewing, updating and amending.  However, can the Courts and the “system” be held entirely accountable for the recent domestic violence tragedies we have seen in the media?  Should the perpetrators take any responsibility?

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725 Hits

Do I Really Need Family Court Orders?

Separating from a partner can be daunting and often people do not know the necessary steps to take when they are trying to navigate the separation of assets, and making arrangements for their children.

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662 Hits

Homemade Wills Can Be a Curse - A Warning to Blended Families

Making a Will is one of the best ways of ensuring that your assets are distributed in accordance with your wishes when you die.  In this age of technology with the availability of information at our fingertips, some people consider that they can do it all – and home-made Wills are no exception.  

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645 Hits

Why "Young" people Should Have a Will

When asking younger people if they have a Will, I often hear the cliché response of “I don’t have anything to give” – wrong!

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805 Hits

The Christmas time struggle…

Christmas is meant to be a time for festive cheer, mulled wine (although perhaps not in 40 degrees!), celebrations and good old fashioned family time. However, for many separated parents, Christmas is a time for arguments, when they find themselves fighting over who gets the children on Christmas Eve, or Christmas morning, or both!

As Family Lawyers, we see this far too often and sadly, we also see it far too late. The Family Court has a cut-off date for Christmas contact applications (usually mid-November), and unfortunately, that date has now passed.

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1260 Hits

The cost of getting divorced

If you have been separated from your spouse for over 12 months, you may be considering whether or not to apply for a Divorce. There are a number of factors you need to consider before applying for a Divorce, but one thing people usually do not consider is the actual cost to file a Divorce Application.

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831 Hits

Family Money- Can I Protect It?

Bank of Mum and Dad

In today’s economy, it is has become increasingly common for parents to financially help their children, especially when it comes to buying their first home.

Parents may loan the money, gift the money, or act as guarantor. While most parents want to help their children as much as possible, this can raise a variety of issues.

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1534 Hits

Parenting Orders and what you need to know.

In our previous article ‘Who is a Parent??’ we touched on the importance of being a ‘parent’ under Australian Law, and the legal consequences associated with paternity.

You might then find it strange to learn that when applying for Parenting Orders at Court, you do not have to be a parent. In fact, you don’t even have to be a relative. Parenting Orders can cover all aspects of the care and welfare arrangements for a child and are not just limited to who a child lives with and spends time with.

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1647 Hits

We're separated, I can apply for Divorce at any time, right? - Common Misconceptions Part 2

Unlike Kim Kardashian, in Australia, you cannot marry someone on one day, only to decide that was the wrong decision and file for divorce 72 days later.

Instead, the law recognises the fragility and “ups and downs” of relationships, requiring that the marriage has broken down irretrievably. Contrary to popular belief, it is not relevant why the relationship broke down, just that it has. This means that the Court does not consider factors such as infidelity.

To show that the marriage has broken down irretrievably, it must be shown that the parties have lived separately and apart for at least 12 months before being able to apply for a divorce. If one person moves out but moves back in, to give the marriage another shot, for example, this is taken into account when determining the required 12 months of separation. If the couple lives together on one occasion for less than three months, or any other not substantial period of time, that time is not calculated in determining the 12 months period.

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1968 Hits

Defacto relationships - Common Misconceptions Part 1

One question that lawyers often find unmarried people ask outside of work is “if we broke up, would he/she be able to make a claim on my assets?”

This answer to this question comes down to whether or not you are in a de facto relationship. Unfortunately, that is not always as cut and dry as it may seem and the topic carries with it a lot of misconceptions. The main one being that there is no set timeframe from which you can definitely say that you are in a de facto relationship. Rather, the legislation simply indicates that you are in a de facto relationship if you are not married, and you live together in a marriage-like relationship. Understandably, what one person considers to be “marriage-like” may be vastly different to what another considers that to be.

So at what point are you in a de facto relationship? Have you been unwittingly in one without even knowing it?

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1418 Hits

Part 3 - Family Violence Restraining Orders and Financial Issues

Hopefully, you have been keeping up to date with our previous blogs in relation to Family Violence Restraining Orders (“FVRO”).

If not, you can easily access them by clicking here.

This blog will be focused on FVRO’s and how they can affect financial issues.

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1840 Hits

Family Violence Restraining Orders - what might happen and how do I deal with it - Part 1

The Scenarios….what might happen and how do I deal with it?

There is an overlap with Family Law and Criminal Law in the form of Family Violence Restraining Orders (“FVRO”). At Butlers, we are able to assist you with obtaining an FVRO or can represent you, if you are the person receiving the FVRO. Over the next four blogs we outline some of the common scenarios faced by people who obtain or receive an FVRO.

Part 1 - Criminal Law and Family Law Intersection

The neighbour next door is divorcing his wife.

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2488 Hits

Family Violence Restraining Orders and Children's Issues - Part 2

Part 2 - Restraining Orders and Children’s Issues

So, you can no longer see your children, because you are subject to a Family Violence Restraining Order (“FVRO”) that extends to, and protects, your children.  What are your options?

There is an exception allowing you to live with, spend time with, or communicate with your children, as long as there are Family Court Orders in place, allowing you to do this.

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2183 Hits

The Conference

The Conference

While the title sounds like something John Grisham would write, I can assure it is nothing of the sort.

In fact, I will tell you right now, if you’re expecting intriguing characters with deep rooted unresolved issues, or cliff hangers, you won’t find it here.

The Conference I’m referring to is the Conciliation Conference, which is an initiative of the Family Court as a form of Alternate Dispute Resolution.

I think every now and then it’s important that people are aware of the various processes and steps in the Family Law process.

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6042 Hits

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