NEW FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA Did you know that the Family Court System is about to go through a major shake-up? As of 1 September 2021, the…
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What are Final Orders? Final Parenting Orders can be made by either: – agreement between parties, which is known as Consent Orders; or – a Judge making Final Orders after…
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…
Radecki & Fairbairn [2020] FamCAFC 307 The Issue The main issue in this case was that the Court had to decide whether the de facto relationship had broken down….
The short answer – yes! Your former partner could access your super after separation. This is known as a ‘superannuation split’. The purpose of this post is to provide some…
It’s the phrase we hear all too often. However, reaching an agreement with your former spouse before knowing how the law applies to you can be catastrophic. Why? Because you…
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…
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…
Social Media. Some of us love it, some of us hate it, some of us use it and some of us abuse it! With Facebook alone having approximately 2.5 billion…
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…
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…
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…
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…
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…
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…
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…
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…
“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…
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…
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….
