Dooley Blog

Latest Legal Articles from Dooleys Lawyers and Solicitors. Dooley's Lawyers, Solicitors and Law Firm Blog

What happens after parenting orders are made?

Tuesday, March 11, 2014

You have either negotiated an agreement for parenting of your children or you have come to the end of the long road of litigation and you now have legally binding parenting orders…PHEW you made it; everything will be fine now and things will settle down, right? Read More-->

On the Sixth Day of Christmas... how will the kids divide their time over Christmas between their separated parents

Thursday, December 05, 2013

The Festive Season has a major focus on children. However a separation can lead to difficulties in ensuring the kids spend time with both parents but also don’t get involved in any of the conflict or disputes which may also be going on between their parents. Read More-->

Divorce v Property Settlement v Parenting Orders – what’s the Difference?

Monday, May 28, 2012

One of the most common misconceptions when it comes to family law is that getting a divorce sorts out your property and parenting situation as well.  Unfortunately, it’s not that simple. Read More-->

Business or Revenge – Keeping your Perspective in Family Law Matters

Thursday, May 17, 2012

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Understanding the role of mediation and negotiation in a family law matter

Thursday, May 10, 2012

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Getting Ready to Leave (Part 2)

Thursday, March 01, 2012
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Getting Ready to Leave (Part 1)

Monday, February 06, 2012

We regularly hear from our clients that they are ‘getting ready to leave’. The decision hasn’t yet been definitely made, but ‘things just aren’t working out’.  Read More-->

On the Sixth Day of Christmas... family celebrations didn't quite go to plan

Friday, December 16, 2011

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Prenuptial Agreements – Asset Protection v Romance

Thursday, September 01, 2011

Since December 2000 couples contemplating marriage have been allowed to enter into a Binding Financial Agreement (BFA) before they marry to establish how their property will be divided if their marriage later broke down.  Read More-->

Family Law - Questions and Answers (Part 1)

Wednesday, July 20, 2011
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Question

Can property and parenting/custody issues be dealt with before we get a divorce? 

Answer

Yes, they can be dealt with separately & independently before you apply for a divorce.

Question

We want to try and resolve our divorce and family law issues without going to Court, what are my options? 

Answer

In most situations an out-of-court settlement is a lot cheaper and quicker way to resolve Family Law disputes.  Settlement discussions can take place directly between the parties or through their lawyers.

You should start by seeking initial advice from a family lawyer so you understand the family law process and what your entitlements are.  We then recommend, if you and your ex are on speaking terms, that you try and communicate with your ex either in writing or directly to discuss the issues and reach and agreement. If you are not on speaking terms with your ex, we recommend seeking assistance from a third party to communicate with them to try and reach an agreement; you can seek a lawyer’s assistance to negotiate or you and your ex can engage in mediation with a qualified family disputes resolution provider.

To reach an agreement and avoid Court, you both need to be realistic and practical in settling your issues – you need to consider both your financial and non-financial issues. If you reach an agreement, get assistance from a lawyer to draw up the documentation required to formalise your agreement to make it legally binding on you and your ex.

If you both compromise and work together to reach an agreement, you can, and will, avoid any Court involvement.

Question

If I can’t reach and agreement with my ex, or I don’t have time to negotiate, how do I start Court proceedings for my Parenting (custody) and Property Issues? 

Answer

You can start proceedings in either the Family Court or the Federal Magistrates Court by filing an Application for Final Orders. 

If you are dealing with Property issues, you will also need to file a Financial Statement disclosing your financial circumstances. These documents can be very complicated and if not completed correctly, you could jeopardise your case; we recommend seeking advice from a lawyer  before you start any court proceedings.

If you issue relates to your children, then you must (unless the matter is urgent) first try to resolve the issue by engaging in mediation with a qualified family disputes resolution provider. Only after trying mediation and not being able to reach an agreement will you be permitted to lodge and Application with the Court.

Question

My relationship is getting serious and my partner and I have decided to move in together/get married, can I protect my assets if our relationship were to breakdown? 

Answer

The simple answer is that 100% guaranteed protection is not possible. 

The best you can do is seek assistance from a lawyer to prepare a comprehensive Binding Financial Agreement.  A Financial Agreement is a contract between you and your partner which details what will happen to your assets if the relationship breaks down. The Financial Agreement can deal with property and financial issues between you and your partner and can be made prior to you both moving in together or getting married (prenuptial agreement).

Agreements can apply to either marriages or de facto relationships.  The best time to enter into these agreements is before problems start although unless both parties are on the same wavelength, the subject of contracting into a relationship can be difficult to broach.

Financial agreements allow you to detail, in writing, what you and your partner want to happen to their respective assets if your relationship ends – it will help you both avoid any unpleasant disputes over property that invariably occur following a relationship breakdown. 

If a Financial Agreement is not prepared correctly, they will be set aside by the Court so ensure that you seek legal advice before preparing or signing an Agreement.

Question

What if I am already living in a de facto relationship or married, can I still enter into a Financial Agreement to protect my assets/inheritance/family business if our relationship were to breakdown? 

Answer

Again, the simple answer is that 100% guaranteed protection is not possible.  The good news is that the Financial Agreement can be made during a relationship or marriage and even following the relationship breakdown.

Many people often enter into a Financial Agreement during a relationship to protect their interest in a family business or an inheritance they receive during the relationship.

The catch is that as it is an Agreement both you and your partner must agree to sign the agreement otherwise, the Binding Financial Agreement is not possible. If you and your partner cannot agree, you may need to contact us to discuss whether there are any other options available to you.

For all of our Question & Answer series, click here.