So, what exactly is a Duty of Disclosure and why might it apply to me? I have worked with many couples during the course of my legal career where, although separation has been amicable, when it has come to the financial settlement professional support has been an absolute necessity to ensure that there are no nasty surprises along the way. And the golden rule that I always advise is that all parties must provide a full and frank disclosure about their finances. It’s the law a

You’d have to say that for most of us normal human beings if we have a dispute we become emotional. It might be that we become angry, fearful, resentful, bitter, nervous or even traumatised. It’s rarely a positive emotion that displays when we sense a conflict and looming dispute. But very often, we know it’s important to control these emotions, as it clouds your judgement and objectivity. Why do we shy away from emotion? Simply put it’s uncomfortable. Symptoms like butterfli

There are considerable new legal developments around domestic violence to report this month. Legal Aid Cross Examination Scheme In March, the Family Law Act was amended to include s102NA. Victims have been and are being re-traumatised in the court system by self-represented perpetrators currently allowed to cross examine the victim in the court proceedings. This section 102NA provides for mandatory protections for alleged victims from alleged perpetrators and will ban direc

The separation of parents is an emotional and confusing time not just for parents but also for children. It is important that children feel cared for and safe during this time and it is the responsibility of both parents ensure that these needs are met. Sometimes in situations of high conflict between parents, there can be a focus on the rights of the parent. However, the Family Law Act 1975 does not focus on parental rights but rather on the rights of the child. Parents have

Shocking results of research into Domestic Violence in NSW

Having a will is one of the most important things you could do to ensure that your affairs will be managed according to your wishes. However, there are eligible persons who can contest your will[1]. This is something to keep in mind and it’s important to seek legal advice when making your will, especially if you have a blended family or estranged family members. This article looks at these circumstances, what to look out for, and when you should update your will? Amos v Hogg[

Many women I work with live in fear and rightly so. They feel failed by the legal system and wonder where else they can turn. Last week's report will do nothing to allay their fears but confirm what they already know and live with; constantly looking over their shoulder, living in a state of high alert and wondering how they can protect themselves and their children. Last week, on 31st May 2018 the very first data report was released by the Australian Domestic and Family Viol

Grandparents play an important and unique role in many children's lives. Grandparents can provide a secure emotional base, encouragement, routine, protection, and support to the grandchild. During periods of family distress and breakdown, a strong bond between a grandparent and grandchild can bring stability to a child. Family breakdown can be devastating and have far reaching consequences, not just for parents but for grandparents and other family members. When parents se

A large proportion of family law matters deal with children after the breakdown of a relationship. This leads many parents to ask: ‘What are my rights are as a parent?’ To put it plainly, the person who has rights according to the Family Law Act 1975 (Commonwealth) is the child. Parents have responsibilities under the law, but it is the rights of the child that are of paramount concern and protected under the Family Law. The Court can make interim and final orders regarding t

When you settle your family court matter and arrive at a final property settlement, it is generally assumed by members of the general public that is that, it's final and everyone can move on. However, your final settlement may not stop ex-spouses from making a future claim on your estate. Unfortunately, this was the case for Dr. Lodin and others alike. An appeal case has recently been decided in the NSW Court of Appeal on this matter. Provision claims from ex-partners In 201