Do pets form part of the asset pool?

Frequently we refer to pets as our ‘fur babies’ and we treat them as our children and part of our family, but you may wonder what happens in the event of separation.

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”).

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.

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

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.

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.

When speaking to a client for the first time about their charges, there are often a few questions nearly all clients ask. The most common one is usually ‘what am I looking at?’ Even for clients who intend to plead not guilty to their charges, most clients want to know what the outcome is likely to be if they are found guilty.

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.

A recent and riveting development has just unfolded in the lives of some of the cast of Netflix’s popular docuseries, ‘Tiger King’.   It has been discovered (and confirmed by two separate forensic experts) that the Will of Carol Baskin’s late husband, Don Lewis, was a complete forgery.

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.

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.

A new Bill has been proposed to Parliament following the tragic death of Hannah Clarke and her three children. This Bill proposes to clarify the law surrounding Parental Responsibility under the Family Law Act 1975 (“the Act”).

I was recently reminded of the importance of having a valid and up to date Will.

A colleague and I received instructions from the son of one of our clients, who had terminal cancer. The matter was urgent as his father did not have a Will and his Estate would have had to be distributed between him and his mother (pursuant to the laws of intestacy).  

I migrated from South Africa to Australia and have been in Perth for a little over a year.  I am therefore aware of the stress and planning of migration and I also know that certain things do not make the priority list.  One being, finding out if the Will that you made elsewhere is enforceable in Western Australia, or if you need a new Will.

Adele has been trending lately, for two reasons.  The first being her extreme weight loss, which is not the topic of this blog, and the second being her divorce and property settlement.

Sadly, domestic violence can affect everyone, men, women and children and can leave scars that may take a lifetime to heal. Domestic violence comes in many forms ranging from physical attempts to harm to intimidation, control and manipulation. 

You may have read some of our other recent blogs about how to sign your Will during COVID-19, when to review your Will, and the importance of having a valid Enduring Power of Attorney and Enduring Power of Guardianship.

It is no surprise that the COVID-19 pandemic has affected Australians in ways that could never have been predicted.  From the immediate closure of our favourite restaurants, bars and clubs to the crippling and devastating effect it is having on our economy, our health, both mental and physical and our social lives.  

As a result of COVID-19 and the strict social distancing laws, the Courts have had to change and modernise many of their procedures.

Some of the changes the Courts have made include:

1. Electronic filing of some Court Documents;
2. Posting originals of Documents for filing;
3. Hearings being conducted over the telephone or by video;
4. Allowing Documents to be served via email; and
5. Enabling Restraining Order Applications to be lodged online.

LGBTI Domestic Violence Awareness Day - #ImHereForYou

Today is Australia's first LGBTI Domestic Violence Awareness Day.

This day has been established, with the support of the Prime Minister, to acknowledge those within LGBTIQ+ communities who have been victims of domestic violence.

According to recent studies, up to 62% of LGBTIQ+ people have experienced domestic violence in their relationships. However, the instances of violence being reported to the police are still incredibly low.