How Divorce Affects your Superannuation, Life Insurance & Other Investments

How Divorce Affects your Superannuation, Life Insurance & Other Investments

How it may affect your superannuation…the questions you may have about how the Family Law Act 1975 may affect superannuation, certain…before taking any action in relation to Family Law matters. Overview 1 Do I need a lawyer…

Take Control- a kit on Powers of Attorney & Guardianship

A power of attorney is a legal document that allows you to give another person the legal right to make decisions for you in the event that you lose capacity to make decisions for yourself.

Capacity is defined as the ability to reason things out; to understand, retain, believe, evaluate and weigh relevant information. A person may lose capacity to make decisions permanently or temporarily, due to accident or illness.

Marriage and Cohabitation Contracts

Hollywood films and movie stars sometimes mention ‘pre-nups’ or ‘marriage contracts’.

What are these mysterious documents? One description is that a marriage or cohabitation agreement is a written record of the expectations of a married or cohabitating couple in relation to lifestyle and finances which is entered into before and sometimes during marital cohabitation.

In limited circumstances, certain parts of such agreements are legally enforceable. In some countries and cultures, including South Africa and Quebec, marriage contracts are common amongst the wealthy.

Just a Piece of Paper? Making your AVO work for you

Most people find their AVOs to be highly effective in preventing violence, intimidation and harassment. You have every reason to be hopeful that the defendant to your AVO will take proper notice of your AVO, and that you will have no further trouble.

In the end, however, an AVO is an order of the court not just a piece of paper. What gives an AVO power is the strength of the law but very importantly also, the action taken by various people to support it.

These people include you. You may need to take specific action to keep your AVO useful and strong. We hope that the ideas in this booklet will help you to do this. As well, we think it’s wise to ‘be prepared’ for the possibility that you might continue to have problems with the defendant, despite the AVO, and have some suggestions for planning to be safe.

We encourage you to take some time to read this booklet thoroughly, and to make sure that people close to you also read it and understand how they might need to help out.

But let’s look forward positively. Your AVO is likely to be a major step towards
reclaiming a sense of freedom, safety and the absence of fear. By taking out an AVO you’ve taken a stand. We congratulate you on taking that step.

Please accept our best wishes for your more peaceful future.

Women and Family Law

This is the ninth edition of Women and Family Law. It states the law as at November 2009 that applies to married and de facto couples (including same sex de facto couples) after relationship breakdown.

This booklet provides a starting point for finding out information about the law. It provides some answers to common questions and also sets out where you can go for further help.

You should not use this booklet as a substitute for seeing a solicitor and getting legal advice.

When reading this booklet, please note:

  • l The terms ‘partner’ or ‘ex-partner’ are used to describe a person’s
  • husband or de facto partner, including a same sex de facto partner.
  • l Words and phrases are printed in bold for a number of reasons:
  • l A term that is defined in Chapter 8 (definition section) is
  • printed in bold the first time that it appears in each chapter.
  • l The first time a term is abbreviated in each chapter, it is
  • printed in bold.
  • l Time limits are printed in bold.
  • l Cross references to other sections of the booklet are printed in bold.

7 Biggest Mistakes Australian Parents Make Dealing with the CSA

If you’re reading this, chances are that you’re one of the hundreds of thousands of Australian parents who simply want the best for their child and to move forward with their lives – but are faced with the frustrating struggle of drawn-out, costly and stressful dealings with the Child Support Agency.

We’ve written this report especially for You – an Australian parent frustrated from your dealings with the Child Support Agency.

We have done this because we too have become frustrated and are now committed to being a part of the solution. We are Child Support Help Australia, and we help families like yours get the best possible outcome from the Child Support Agency system.

Our experience means you don’t have to know the lingo, the loopholes and the tricks of the Child Support Agency and its vast workings.

This report is a gift from Child Support Help Australia to You.

It contains all the knowledge you’ll need to eliminate a lot of the headache of haggling with a government organization. Read on, and arm yourself with the secrets of how to save money, time and stress when dealing with the CSA… because as an Aussie parent you have more important things in life to invest yourself in.

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    Self-represented litigants’ kit – Children -Evidence & procedure -Property

    This kit is for people involved in disputes under the Family Law Act 1975 (‘the Act’) about children and property. You may also wish to refer to our other family law publications.

    WARNING: The information about children applies in all cases, but the information about property applies only to people who are or were married. People who are or were in domestic partnerships (de facto or same sex couples) cannot use the Act to resolve property disputes. For these matters get legal advice.

    References are made to the Family Law Act 1975 and to the Federal Magistrates Act 1999 and the rules made under these acts. These Acts are regularly updated so it is extremely important that you obtain a copy of the most recent edition. Both acts can be viewed at a law library or on the internet.

    This kit provides information only and is not a substitute for legal advice. If you are involved or are likely to be involved in court proceedings, you should get legal advice.

    Preparing for a Family Report

    What happens when the Court orders a Family Report?

    When a person comes to the Court in relation to a parenting matter, the Court is asked to decide what is in the best interests of the children.

    The Court may order a Family Report to help them make this decision if assessed as appropriate by the Family Consultant and the Judicial Officer (Judge or Magistrate).

    Family Reports are usually prepared by your Family Consultant.

    The Court will define the terms of the order to suit your situation. These terms form a set of instructions for your Family Consultant.

    How to Service Documents – a Guide for Self-represented Litigants

    Service of a document is the process where you make sure that any person who is required to be given a copy of an application to the Court, or any other legal
    document, is given it in a way which complies with the relevant legal rules.

    In family law proceedings, this is often the process by which the other party is provided with a copy of your affidavit, your proposed Court Orders, or any other submissions you have made to the Court.

    The relevant legal rules in family law proceedings prohibit you, as the litigant, from delivering these documents to the other party personally. Delivery must be done by another party, with proof of delivery required to satisfy the Court that the documents were delivered appropriately.

    This document defines how the Court requires these documents to be delivered to the other parties.

    Guidelines for barristers on dealing with self-represented litigants

    The preparation of these guidelines reflects the increasing phenomenon of litigants appearing without legally qualified representation.

    The courts have recognised the considerable increase in numbers of self-represented litigants. In 2000, the Family Court issued a Research Report, Litigants in Person in the Family Court of Australia, which highlighted the difficulties caused by increasing self-representation before that court. More recently, the Australian Institute of Judicial Administration issued a report, Litigants in Person Management Plans: Issues for Courts and Tribunals, which also explored the issue.

    The need for guidelines such as these was brought home to me when talking with barristers, particularly in the family law jurisdiction, who noted how stressful it was to deal with litigants in person. I hoped that a preparation of guidelines such as these would enable members of the Bar to identify clearly the parameters within which they should work when dealing with self-represented litigants.

    The guidelines have been prepared under the auspices of the NSW Bar Association’s Family Law Committee, but principally though a great deal of hard work by Brian Knox. Knox consulted widely in undertaking the exercise. In addition, the penultimate version of the guidelines was distributed for comment to the High Court, the Supreme Court of NSW, the NSW Industrial Relations Commission, the NSW Land and Environment Court, the District Court of NSW, the Compensation Court of NSW, the Local Court of NSW, the Federal Court of Australia, the Family Court of Australia and the Federal Magistrates Service for comment. The Association is grateful to those courts for the input from them we
    received in relation to the guidelines.

    I commend a thorough reading of these guidelines to all members. I congratulate the Family Law Committee and, in particular, Brian Knox, on producing a work of outstanding assistance to the Bar.