Divorce & Family Lawyers North Shore

Unless a Court Order says otherwise ordinarily parenting arrangements to spend time with children on a daily or alternative weekend basis during school term time are suspended during school holiday periods.  Common sense and practicality should prevail and no better example of this would be a case where the parents otherwise share holidays equally.  If school term arrangements were not suspended in such an example it would mean that one parent has their half of the holiday time with their children interrupted by a continuing alternate weekend or other like arrangement.

You can be separated and continue to live under the same roof.  In order to prove separation, you much be able to provide evidence that you formed the intention to separate, that you communicated this intention to your spouse and also that there has been a change in your behaviour.  These 3 things must be present and are very possible to show even when you are remaining in the same house.

The quick answer is yes and in fact most people work on a settlement soon after separation and a long time before they even start the divorce process.  Waiting 12 months to start negotiating a settlement is rarely wise and not necessary.

Pets are property and orders can be made about their ownership and possession in a family law settlement.  They are not treated like children and so you cannot have custody orders for your much loved furry friend but you can achieve a binding arrangement that includes how expenses are to be met as part of a financial settlement.

The value of any asset including stock, shares, a house, commercial property, business, company or artwork in separation is determined by a joint expert if you cannot reach an agreement with your ex about it.  It is often possible that an agreement can be reached, even in the midst of a pandemic.  Industry standards, comparable sales and a common-sense approach can be applied in a realistic way to avoid the need for costly experts.  However if this is not achievable then a well trod process is available to overcome these roadblocks and move forward towards a final outcome.

There is a consensus on this question.  If you can tell the children together about your separation it is best.  However this is not always possible.  In any event do not blame each other for the separation.  “Finger pointing” is a big no no.

Whatever you do:-

1. Reassure the children that you love them
2. Reinforce that even though you are no longer a couple you are still parents and committed to them, and
3. Have a plan for the future (even if it is only a blueprint in your mind at this stage).

If you were married and you obtain a Divorce Order following separation you must make an Application for property adjustment within 12 months of your Divorce becoming final. If you were in a de facto relationship, you must make an application for property adjustment within 2 years of the breakdown of your relationship (i.e. the date of final separation). If you do not apply within these time limits you will need special permission of the Court, which is not always granted. Therefore, if you were in a de facto relationship or are already divorced, and are yet to resolve property matters with your former partner we recommend seeking advice from a family lawyer.

Technically, you do not have a right to have a relationship with your child. Rather, your child has a right to have a relationship with each of their parents unless it is not in their best interests to do so. As such, it is important to recognise your role in your child’s life and the paramount consideration of what is in the best interests of your child when negotiating parenting arrangements or when making an application to the Court in relation to parenting.

In short, yes there is. This is because in circumstances where there are no Court orders as to a property settlement, the matter effectively remains ‘live’ which in turn can enable your ex-partner (or you) to make a claim against the other in the future. This does not mean, however, that you need to ‘go to Court’ and start proceedings.  You and your ex-partner can enter into Consent Order documents that provide you each retain all assets, liabilities and superannuation in your respective names. By documenting such agreement by way of Consent Orders, this can be a cost-effective and efficient way of finalising your property matter.

Though there may be some cases where commencing proceedings is timely and appropriate, Court is not the only option available to you. In the event that you and your ex-partner are privately negotiating with one another and are unable to quite ‘get it across the line’, you may wish to consider participating in mediation.

Mediation is a form of dispute resolution which can be conducted with or without the assistance of lawyers, and involves a neutral third party (a Mediator). The Mediator’s role is to facilitate discussions between you and your ex-partner as to issues that are in dispute, and assist you both to reach a resolution. Where an agreement is reached between you both, such agreement can be documented by way of Consent Orders which is generally a more cost-effective way of finalising your property settlement especially when compared to the long and expensive Court process.