When going through a separation, we always recommend that people try to negotiate and resolve their financial and parenting matters by agreement, rather than litigating the matter in Court (See our post “Why You Should Avoid Going To Court In Family Law”). However, there are times when Court litigation might be your only option. For example, if you and your…
Consent Orders are almost always the best way to legally document a separation agreement. The purpose of this post is to provide you with information about the benefits of Consent Orders and the steps involved in obtaining them. What are Consent Orders? The Family Court encourages people to reach an agreement about family law matters arising from separation, including: – …
The decision to leave the family home following separation is an extremely difficult one to make. Will the children be ok? Will I lose my right to the family home if I leave? What about the mortgage? These are the questions that often arise when making the decision to leave. This post is intended to help answer some of the…
Separation can have a disastrous impact on your business. Many of the impacts can be avoided if the separated couple receives proper guidance at the outset from trusted advisors. This post provides some practical tips on the steps couples should take to keep their business afloat through a separation. We’ve separated, now what do we do? At the outset, our…
Super is often the most significant asset of many families, after the family home. It is possible that your former partner could access your super by way of what is called a ‘super split’. The purpose of this post is to provide some background about super and family law generally and guidance about how a super split works. How is…
Did you know that for separated couples, there are time limits to when you can apply to the Court for financial orders? And, that if you miss this time limit you may lose your right to a property settlement or spousal maintenance? Don’t worry if you didn’t, you are not alone and we are here to help. The purpose of…
Have you separated and are unsure about what to do next? Do you simply not have the funds readily accessible to pay for a family lawyer? Would you like to know about the different options that may be available to you? If you answered yes to any of the above, then this post is for you! At Martens Legal we…
Mediation can be a very useful tool to help resolve your family law matter without going to court. It is a chance for you and your former partner to discuss what is important to each of you, and to hopefully reach a solution that you are both comfortable with. The purpose of this post is to provide you with some…
The last 50 years has seen the greater acceptance of de facto relationships as well as the rise of the second, third (and beyond) marriages. Data from the Australian Bureau of Statistics has also demonstrated the significant increase in marrying ages of both males and females in Australia. See below. There is no doubt that changes to relationship trends and…
Separation can be one of the most stressful and difficult times of a person’s life (even an amicable separation). No doubt those of you reading this post who have experienced it yourself or know someone close to you that has, will agree. Unfortunately, these effects are heightened if your family law matter ends up being litigated in Court. That is…
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