Family Law

26 Nov Valuations in Property Settlement Matters

Posted at 13:55h in Court Orders, Court Representation, Family Court, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Sacha Mastras, Sarah Goldfinch, Separation by Merridy Elphick 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...

27 Sep Property Settlements and the Impact on Child Support Assessments

Posted at 12:35h in Child Support, Family Law, Property and Financial Matters, Sarah Goldfinch by Merridy Elphick Lawyers

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...

19 Sep Can you say anything in your affidavit?

Posted at 16:49h in Court Orders, Family Court, Family Law by Merridy Elphick Lawyers

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...

06 Sep Judging a book by it’s cover. What makes someone an ‘expert’ and why is it important?

Posted at 11:24h in Divorce, Family Court, Family Law, Property and Financial Matters, Separation by Merridy Elphick Lawyers

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...

09 Aug Hey kids we need to chat!

Posted at 14:19h in Child Support, Children's Issues, Family Court, Family Law, Merridy Elphick, Newcastle, Separation by Merridy Elphick Lawyers

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...

19 Jul Who’s your Daddy?

Posted at 12:01h in Children's Issues, Family Law by Merridy Elphick Lawyers

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...

27 May What do the kids want?

Posted at 13:47h in Alternative Dispute Resolution, Child Custody, Child Support, Children's Issues, Consent Orders, Court Orders, Court Representation, Family Court, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Sacha Mastras, Sarah Goldfinch, Separation by Merridy Elphick Lawyers

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...

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...