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Family Law
June 19, 2020

Leaving The Family Home

Takeaway Point 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. An experienced family lawyer can answer these questions…
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Family Law
June 3, 2020

When Is A Prenup Recommended?

Takeaway Point A prenup (otherwise known as a financial agreement in Australia) may be an awkward discussion to have at the start of a relationship; however, should you separate, it could save you a lot of time, money and emotional cost. While we understand that a prenup is not for everyone, there are many situations where we would recommend you…
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Family Law
May 25, 2020

Top 5 Frequently Asked Questions When Separating

When someone is separating, they will understandably have many questions running through their mind. Our post aims to address some of those potential key questions. The below questions and answers are based on what we are regularly asked at Martens Legal.   (1) I am separating, what is my first step? You should arrange to meet with a lawyer who…
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Family Law
May 6, 2020

Can I Move Away With The Children?

Takeaway Point If you are thinking about moving away with the children, we strongly recommend that you speak with a lawyer first. Getting the right advice before you make the move not only best protects you, but also helps best protect the interests of the children. Alternatively, if it is the other parent who has said they intend to move with…
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Woman video conferencing in a family law meeting
Family Law
April 24, 2020

How Family Law Has Evolved Since COVID-19

The world is changing and we couldn’t be more grateful for technology and the internet! Our sincere thanks go out to the amazing app developers and entrepreneurs. Your brains and creativity have allowed us to continue to assist families in these uncertain times. We would even say that Covid-19 has caused Family Law to finally catch up with the 21st…
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Family Law
April 8, 2020

How Can I Stop My Ex From Wasting Our Assets?

Takeaway Point As part of separating, assets can be moved, hidden, sold and wasted in a number of different ways.  Unfortunately, we have seen it all!  If you are concerned that your ex may take these types of steps, then you should seek advice urgent from an experienced family lawyer before it's too late.   Would You Like Further Information?…
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Family Law
March 27, 2020

COVID-19 – How Could It Impact My Separation?

We’ve all seen our fair share of Coronavirus-related news over the past couple of weeks. Every second we are learning more about the pandemic they call COVID-19 and how it is continuing to impact the world. Anyone thinking about or currently separating will undoubtedly be experiencing enormous amounts of anxiety because of COVID-19. The aim of this post is to…
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Family Law
March 11, 2020

How Do I Afford A Family Lawyer If My Ex Has All The Cash?

  Takeaway Point The “Hogan Order” exists to enable both parties to have access to qualified legal advice and representation. It provides both parties an equal opportunity to present their case. If you’re aware there’s cash available that you can’t access, we recommend contacting a family lawyer to discuss your options. Would You Like Further Information? For more information, read…
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Man and woman sitting back-to-back looking upset after deciding to go ahead with separation
Family Law
February 26, 2020

What To Do If You’ve Decided To Separate – A Step-By-Step Guide

Going through a separation is one of the hardest experiences that most people will ever go through, even for those who are amicable. But having an understanding of what steps you should take can help make the process a whole lot easier for both of you. We have created this step-by-step guide based on our experience in dealing with separated…
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Family Law
February 13, 2020

Will Assets Always Be Split 50/50?

Would You Like Further Information? For more information read our earlier post on this topic. Please also feel free to contact us or book an appointment online.   Disclaimer: The information contained on this site is for general guidance only.  No person should act or refrain from acting on the basis of such information.  Appropriate professional advice should be sought based on your particular circumstances.   
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Family Law
January 24, 2020

What To Do If You’re Thinking About Separating – A Step-By-Step Guide

Are you thinking about leaving your current relationship, but don’t know where to start? Don’t worry you are not alone. We meet with people who are just thinking about separating all the time. This step-by-step guide will help give you some clarity around what to do if you’re considering separation. Step 1: Speak To A Family Lawyer Talking with a…
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Family LawProperty settlement
November 20, 2019

3 Reasons Why You Shouldn’t Delay Your Property Settlement After Separation

You’ve been separated from your ex for almost 2 years BUT never got around to formalising your property settlement. You knew your ex was bad with money, however, you never really knew the full extent. Out of the blue, you have received a letter from your ex’s family lawyer proposing a property settlement. And they have proposed that you should…
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Family Law
October 9, 2019

Amicable Separations – What You Need To Know

“We’ve separated, we’re amicable and we’ve reached an agreement between ourselves.” At Martens Legal, this is what we love to hear! This post sets out: - some examples of what we consider to be amicable separations; - the benefits of amicable separations; - when and why you should involve lawyers; and - the next steps for those going through separation…
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CourtFamily LawParentingProperty settlement
September 25, 2019

Mediation – An Alternative To “Going To Court”

Would You Like Further Information?   For more information read our earlier post on this topic. Please also feel free to contact us or book an appointment online.     Disclaimer: The information contained on this site is for general guidance only.  No person should act or refrain from acting on the basis of such information.  Appropriate professional advice should be sought based on your particular…
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Family LawParenting
September 6, 2019

Top 5 Tips For Separated Parents

As a family lawyer, I have witnessed (far too many times) the negative impact that separation can have on children. Whether intentional or not, the actions of one or both parents can have a dramatic impact on a child’s well-being and development. If you are going through a separation, or know someone that is, these 5 TIPS may help make…
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CourtFamily LawSubpoena
August 2, 2019

Subpoenas Explained

Subpoenas – what are they, what is the point, and what is involved in the process? This post aims to answer these questions and explain what a subpoena really is. What is a Subpoena? Where a person or an organisation holds a document that is relevant to a Court proceeding, or where a person possesses relevant evidence/knowledge, that person/organisation can…
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CourtFamily LawParentingProperty settlementSpousal Maintenance
June 25, 2019

Why You Should Avoid Court In Family Law

https://youtu.be/txjYdjK0Wlo Would You Like Further Information? For more information read our earlier post on this topic. Please also feel free to contact us or book an appointment online.   Disclaimer The information contained on this site is for general guidance only.  No person should act or refrain from acting on the basis of such information.  You should seek appropriate professional advice based upon your…
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Family LawProperty settlementSpousal Maintenance
April 24, 2019

De Facto Relationships

Takeaway Point  If you are starting a relationship (or currently in one) and you have property, then you should seek legal advice about how to keep that property in the event of separation. Property can include: Real Estate Bank Accounts Cash Vehicles Household Furniture and Contents Shares Investments Superannuation Interests in a Business or Trust Inheritances   Would You Like…
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Family LawProperty settlement
April 11, 2019

How do I afford a family lawyer if my ex has all the cash?

In many relationships we see, it's common for one person to hold or control all of the cash assets. This may be intentional, or it may simply be a consequence of the financial arrangements during the relationship. Unfortunately, upon separation, this type of financial arrangement often results in one person being left with no cash. Without cash, that person does…
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Family LawProperty settlementSpousal Maintenance
March 27, 2019

Family Law Time Limits

Takeaway Point There are strict time limits that apply in Family Law and it is important to ensure that you are aware of the deadline that applies to your situation. An expiring time limit is not something that you want to sneak up on you! Would you like further information? For more information read our earlier post, Time Limits –…
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Family LawProperty settlement
March 20, 2019

How Is The Family Home Valued After Separation?

For most people, the family home is the most valuable asset they own. When couples separate, the family home is usually the most significant asset that needs to be divided. Should one of you keep the home and pay the other out? Or should you sell it and divide the sale proceeds? At Martens Legal we assist our clients to…
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CourtFamily LawParentingProperty settlementSpousal Maintenance
February 7, 2019

What You Need To Know About The Family Law Court Process

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…
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DivorceFamily LawParentingProperty settlement
January 25, 2019

Consent Orders: A Must Read If You Have Separated

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: - …
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Family LawProperty settlement
December 14, 2018

Will I lose my right to the family home if I leave after separating?

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…
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Family LawProperty settlement
December 7, 2018

6 Steps to Keep Your Business Afloat During Separation

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…
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Family LawParenting
November 19, 2018

Parenting Plan -vs- Parenting Order: What’s the difference?

It’s always a good idea for separated parents to write down any agreement they make about care arrangements for their children. This will not only help everyone to adjust to the change, but cooperative parents can also help avoid future disagreements as well as lengthy and costly Court battles. The issue we see regularly is parents not knowing what type…
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Family LawParenting
October 26, 2018

Can I move away with the children?

Have you separated from your partner and are thinking about moving away with the children? Maybe you'd like to move closer to your family, or perhaps you’ve been offered a new job in a different city. In family law, this is referred to as relocation. It’s important to understand that you do not have an immediate right to relocate with…
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Family LawProperty settlement
October 12, 2018

Can My Former Partner Access My Super After Separation?

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…
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Family LawProperty settlementSpousal Maintenance
September 21, 2018

Time Limits – Don’t Miss the Family Law Deadline

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…
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Family LawParentingProperty settlement
September 7, 2018

Mediation – An Alternative to “Going to Court”

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…
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Family LawFinancial AgreementsProperty settlementSpousal Maintenance
August 31, 2018

How To Decide If You Need A Prenup (AKA Financial Agreement)

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…
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DivorceFamily Law
August 24, 2018

How do I Apply for Divorce?

“Hi, I am calling about a Divorce”. This is the most common statement that we hear from new family law enquiries. But, did you know that applying for Divorce is actually one of the last steps to be taken in a family law matter? In fact, there are a number of legal matters that a separated couple should complete before…
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Why You Should Avoid Going to Court in Family Law
Family LawParentingProperty settlement
August 10, 2018

Why You Should Avoid Going to Court in Family Law

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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Family LawProperty settlement
August 3, 2018

Are Assets Always Split 50/50 In A Property Settlement?

The short answer is no. This is a common misconception. There is no exact calculation to decide how assets will be divided between separated couples (also known as a property settlement). However, the Family Law Courts have over many years developed a 4-step process which is used to determine these cases. Family Lawyers can therefore advise separated couples as to…
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guide to child support
child supportFamily Law
June 22, 2018

A Guide to Child Support After Separation

When parents separate it is common for no agreement (even an informal one) to be in place about family law matters; including child support. Often there is no agreement simply because parents are unaware of some or all of these matters. Why? Because separation isn’t something you experience often. Furthermore, these matters are not always common knowledge. This post aims…
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Family Law
April 15, 2018

How To Avoid Unnecessary Tax In A Property Settlement

It is common for separated couples to want to avoid the hassle and cost of involving lawyers, leading them to reach an informal agreement to divide their property. One of the hidden dangers in only having an informal agreement however is that one or both spouses may be required to pay tax on the property that they retain. These taxes could be…
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Family Law
February 22, 2018

Am I In A De Facto Relationship?

Given the recent political scandal (and because it is a question we get asked ALL the time), we thought de facto relationships would be an interesting topic to touch on in this post. When are you in a de facto relationship? A couple will be considered to be in a de facto relationship if: they are not married to each other; they…
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merry xmas
Uncategorized
December 21, 2017

Thank you and Merry Christmas!

Amid the chaos that the lead up to Christmas always brings, we have had a moment this afternoon to reflect on the past year. It has been an incredible, challenging and rewarding year for us at Martens Legal. The firm has thrived and that is because of the wonderful clients and support we have received. A huge thank you to…
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Family Law
November 30, 2017

We Don’t Need To Involve Lawyers… Do We?

Reaching an agreement with your former spouse before knowing your legal rights and responsibilities or how the law applies to your case can be catastrophic. Why? Because you don’t know what you don’t know! It is a common misconception that getting advice from a family lawyer after separation is not needed when people are amicable or that it will always…
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DivorceParenting
October 6, 2017

What Is The Worst Age For Parents To Divorce?

It is a question we get asked all the time at Martens Legal. The short answer – we wish we had one. The impact of divorce on children has been the subject of research for several decades; however, the answer is still undecided. In our opinion this is because it will depend on the child, the family dynamic and how…
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DivorceEstate LawFamily LawPower of AttorneyProperty settlementWill
August 30, 2017

Top 5 Tips To Protect Your Assets After Separation

TIP 1 - SEEK IMMEDIATE LEGAL ADVICE You should arrange to meet a family lawyer as soon as possible after separation. We recommend that you and your former partner each receive independent legal advice before trying to reach an agreement about how you will divide your assets. No, this isn’t us lawyers trying to make money off you; it is…
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