Family law expert Merridy Elphick has further cemented her reputation as one of the leading divorce lawyers in Newcastle by being named in the prestigious Doyle’s Guide for the second year in a row. Ms Elphick is one of six declared Recommended Family and Divorce Lawyers...
The Family Law Act 1975 determines how to divide property following the breakdown of a relationship. An important step in this process is to identify and value the assets that form the property pool. Property or business valuations will help establish both the value of...
There are certain payments or transfers that may be made pursuant to a property settlement that can impact how a Child Support Assessment is determined or reviewed. In the recent decision of Ely & Ely & Anor [2019] FCCA 503, the Court was required to consider...
When you commence proceedings in the Family Courts you are often required to file an affidavit. An affidavit is a written statement of facts that is used to present your case and sets out your evidence to the Court. Your affidavit must only state facts which are...
One of the first steps in a property settlement is to identify and value the assets of the marriage or relationship. The valuation of a particular asset may be required if an agreed value cannot be reached, or if the asset is complex or unusual...
When parents separate they have the difficult task of explaining their decision to their children. Young or old, children are generally effected by their parents decision to separate and having a conversation like this needs to be age appropriate as children at different ages have...
The Family Courts have the power to make Orders for DNA paternity testing in cases where a Father may wish to prove that he is or is not the Father of a child, or a Mother seeks to prove who the Father of her child. Under...
The Court determines what is in a child’s best interest by considering the matters set out in Section 60CC of the Family Law Act 1975. Under this section the Court is required to consider any views expressed by the child and the weight it should...
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...
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...
