Defacto Law Archives - Merridy Elphick Lawyers

10 May Adesso & Payton [2019] – Are you entitled to a property settlement?

Posted at 17:17h in Court Orders, Defacto Law, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Relationship Law, Sacha Mastras, Sarah Goldfinch, Separation by Merridy Elphick Lawyers

In February 2019, a matter concerning the existence of a de facto relationship was considered in the Federal Circuit Court. In Adesso & Payton [2019] FCCA 343 Ms Adesso made an application to the Court seeking final orders for a property settlement and then the...

23 Apr Facebook Fury – Why venting on Social Media will ultimately turn against you

Posted at 14:43h in Court Orders, Court Representation, Defacto Law, Divorce, Domestic Violence, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Relationship Law, Sacha Mastras, Same-sex, Separation by Merridy Elphick Lawyers

Angry shots and barbs posted online often become grist for the mill of the Family Courts. Social media content is often submitted as evidence to the Court if it calls into question a party’s integrity, character, or child focused approach to co-parenting. It is important to...

15 Apr When does a sperm donor go from being a ‘donor’ to ‘dad’? Continued…

Posted at 13:16h in Alternative Dispute Resolution, Child Custody, Child Support, Children's Issues, Consent Orders, Court Representation, Defacto Law, Family Court, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Relationship Law, Sacha Mastras, Same-sex, surrogacy by Merridy Elphick Lawyers

The area of law that establishes whether a donor is a ‘legal parent’ for the purposes of the Family Law Act 1975 (Cth) is an area of law that is still emerging. As to recent and current developments in this area of law, the High Court...

05 Apr What happens when you kiss and make up?

Posted at 13:34h in Alternative Dispute Resolution, Binding Financial Agreements, Consent Orders, Court Orders, Court Representation, Defacto Law, Divorce, Divorce Lawyer, Family Court, Family Law, Family Law Lawyer, Merridy Elphick, Newcastle, Property and Financial Matters, Relationship Law, Separation, Settlement Conferences by Merridy Elphick Lawyers

In the matter of Borg & Bosco [2019] FCCA 66 (18 January 2019), Ms Borg and Mr Bosco had been in a de facto relationship for approximately 6 years and then separated in 2005. After they separated on 2005 they entered an agreement to divide...

21 Mar Independent Legal Advice – Is it necessary?

Posted at 12:15h in Defacto Law, Family Law, Property and Financial Matters, Separation by Merridy Elphick Lawyers

A common concern raised by family law clients is the cost involved in obtaining advice and drafting agreements into binding Orders. Clients sometimes also wonder if it is even necessary to obtain legal advice about parenting and property matters. If you and your former partner are...

20 Jan Property settlements – what, when and how?

Posted at 08:14h in Defacto Law, Family Law, Property and Financial Matters, Separation, Uncategorized by Merridy Elphick Lawyers

How your assets and liabilities are divided following the breakdown of a relationship can be confronting. It is important to understand the basic principles which are applied to property settlements under the Family Law Act. The four steps to be taken into consideration are as follows: ...

13 Sep The existence of a de facto relationship

Posted at 09:22h in Defacto Law, Relationship Law, Same-sex by Merridy Elphick Lawyers

Establishing whether a de facto relationship exists between two parties can be quite complex as a “de facto relationship” as defined by the law goes beyond a ‘romantic relationship’ or a couple sharing a place of residence. There are a number of cases that set out...

18 Jul Domestic Violence and Property Settlements

Posted at 16:42h in Defacto Law, Same-sex by Merridy Elphick Lawyers

The effects of domestic violence on a party to a relationship can include psychological trauma, physical health problems and financial hardship. As a consequence, it is often more arduous for victims of domestic violence to make contributions to the relationship. For example, a victim of...

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