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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.

COVID-19: A catalyst for overdue change in the Courts

As restrictions are eased one step further, it is becoming clear that the recent pandemic and the associated quarantine will have lasting effects.

In a majority of cases, those effects are, and will be, undoubtedly negative. It heartening to take note of the few areas where the pandemic has resulted in a lasting and positive change. In a Family Law context, one such area is the process for making Applications for Family Violence Restraining Orders (“FRVOs”).

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320 Hits

Risk Issues in Parenting Matters

Risk can come in different forms in Parenting matters. The risk of drug abuse appears to be more prevalent than before, leaving people with issues in both Family Law and Criminal Law.

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456 Hits

What is Elder Abuse? Is there really Elder Abuse in Australia in 2020?

At Butlers we have encountered an increasing number of examples of Elder Abuse over the last five years.

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626 Hits

AM I STILL ENTITLED TO A SHARE OF OUR ASSETS IF I HAVEN’T CONTRIBUTED FINANCIALLY??

Recently a woman has sparked a massive debate online after she revealed her husband was refusing to put her name on his house deed because she did not contribute financially. Parties often want to know whether they are “entitled” to a share of their partner’s assets when they haven’t contributed financially and it is a common assumption that once parties are married, they each receive 50% of the asset pool.

What happens if one party makes no financial contributions?

This is a common question asked during Family Law proceedings which has a specific legal answer to it.

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1001 Hits

Family Court cutoff date's for children's issues over Christmas...

The Christmas holidays are usually a wonderful time of the year where families all get together and celebrate. However, for some separated families with children, these holidays bring about a period of sadness, stress and bitterness that can be managed with proper prior planning.

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. This year, The Family Court is only accepting these applications until 13 November 2020. After this time, it is likely that you may not get a hearing until after Christmas or even early 2021.

In today’s blog, we will suggest some ways to organise parenting arrangements over the Christmas period with a 5-step plan. Hopefully, this will enable children to be able to spend quality time with both parents.

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1417 Hits

Child Protection and Avenues for Intervention

The world we live in is fragile and subject to unforeseen and unfortunate events. It is a reoccurring nightmare of mine to think about what might happen if, for whatever reason, my daughter was no longer safe or no longer had appropriate care. This nightmare extends to include all children in my life, including my nieces and nephews, my friends’ children, and even one day, my grandchildren.

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1237 Hits

Family Law- Myth vs Fact

The Mother Always Gets The Children

First and foremost, parents do not have “rights” in relation to their children.  Parents have responsibilities.  The law presumes that parents have equal shared parental responsibility for their children and that is the starting point for resolving parenting matters.

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1085 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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841 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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1072 Hits

Miley & Liam - Financial Agreement

One year on from their wedding and Miley and Liam’s divorce is already considered old news, with the dust having settled following their separation in 2019. Despite their relationship lasting 10 years (not counting those hiccup “off” periods), the internet remained fairly silent about any division of their assets.

With their legal separation so widely reported upon, and their combined net worth being estimated at about $186 million dollars (Liam’s being about $26 million and Miley’s about $160 million), you would be forgiven for wondering why the juicy details about the separation of their assets has remained largely out of the tabloids. Not only are they both worth a significant amount, their assets could be spread across numerous countries. They also shared 9 dogs, 3 cats and a pig!

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1642 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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2169 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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1208 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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2021 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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2272 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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2031 Hits

The deadline for applying for Children's living arrangements over Xmas is fast approaching!

For almost every family, Christmas is a happy but stressful time. Whether it is ensuring there are no gift double-ups, Santa’s true identity remains undiscovered, or that there are no pistachios in the salad as Aunty Laura’s allergic, chaos is an expected part of the end of the year.

When mum and dad are no longer together the co-ordination and logistics become even more challenging. And that’s when they are getting along!

When parents are embroiled in a Family Court dispute, how children spend their Christmas, New Year’s Eve and the lengthy summer school holidays often become issues which cannot be resolved by discussion alone.

Because so many estranged couples seek the assistance of the Court to determine how their children will celebrate the holidays and spend their school break, the Court has strict rules regarding such applications. This year, all applications seeking orders regarding children’s living arrangements for the 2018/2019 Christmas school holiday period must be filed before 4pm on Friday 9 November 2018.

However, with the current backlog at the Family Court, it is recommended that you file your application well in advance of any proposed holiday or additional time with the children. Once your application is filed, it may be 6 weeks (or more) before a Court Hearing is listed. Accordingly, any urgent applications should specifically state the urgency in a detailed, yet concise, covering letter. 

The Family Law Team at Butlers are experienced in preparing and filing such applications and are ready to help. Don’t leave it too late, contact us now!

 

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R U OK?

As a firm specialising in family law and wills and estate matters, we see the impact that separation, death and family disputes have on people of all walks of life, every day. There is a known link between serious life events such as these, having a substantial impact on personal wellbeing, often for prolonged periods of time.

These issues permeate our society and today, we would like to remind our clients and our wider network that it is okay to talk, and there are always avenues and people who are willing and able to help you.

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3257 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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3099 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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3155 Hits

Privacy and my Lawyer.... how far does that go?

It's true that any communication between you and your lawyer is confidential.  It cannot be divulged, discussed or provided to other people or the Courts. This concept is known as Legal Professional Privilege or for the sake of this blog, LPP.  It's the backbone of the honest relationship a lawyer and their client must have at all times.  But did you know LPP can be waived or lost? Did you know that your former-wife, husband or partner may be able to access the entirety of your Family Law file once you die? Here’s how and, more importantly, how to prevent it.

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2388 Hits