Jamesnoble's blog

We are heading into uncertain times
The impact of the war in Ukraine and the affect on our economy
The high cost of living
Rising interest rates
Inflation
How is this affecting me?
Am I able to financially care for my family?
How is this affecting my partner and my family’s relationship?
Is the stress too much to bear?
Hopefully, there is a solution

How to find the best Family Lawyer for you
With so many law firms to choose from it can be a difficult process to choose just the right lawyer for your needs. In this post, we’ll note a few things to be mindful of when deciding on the best family law firm for you.

Do They Specialise In Family Law?
Some law firms are highly specialized, while others seem to try to cover virtually every possible aspect of the law. When it comes to family law, you want to choose a firm that specifically deals with, and has extensive experience in, family law.

On 26 March 2020, the Chief Justice of the Family Court issued a Statement on Parenting Orders and the affects of COVID-19. The Chief Justice’s statement provided guidance on the listing of matters in the Family Court. It was issued for the purpose of guidance in legal cases and was not a legal principle. It included the following:

Where there is a course of violent conduct by one party towards the other during the marriage which is demonstrated to have had a significant adverse impact upon that party’s contributions to the marriage, or, put the other way, to have made his or her contributions significantly more arduous than they ought to have been, that is a fact which a trial judge is entitled to take into account in assessing the parties’ respective contributions within Section 79 of the Family Law Act. (Alteration of property interests.

The law in regard to Binding Financial Agreement in Brisbane is extensive and complex. The law is governed by the provisions in the Family Law Act 1975 (as amended). Similar provisions are provided in the Act for de-facto relationships.

Because it is a complex area of law it is a requirement (as detailed below) that the parties entering into a Binding Financial Agreement must consult a solicitor and obtain legal advice.

The relevant law is detailed as follows:

LEGISLATIVE PATHWAY

49. Section 71A(1) of the Act provides:-

As technology continues to evolve, it is becoming more common for clients to ask whether they can use secret audio recordings in their family law matters. Before you consider recording your conversation with the other party, there are several important factors that you need to consider, including:

1. Whether the recording is legal to make in Queensland;
2. Whether a Court will allow the recording to be used as evidence; and
3. Whether you have an obligation to disclose the recording even if it does not achieve the desired purpose.

A common question asked in Family Law is who legally entitled to the matrimonial home during separation?

It is not as simple as one party kicking the other party out of the home.

What be done if the property is in your name or What if the property is owned by both parties?
Property which is part of a Family law dispute has different rules to commercial and property law.

The adoption process in Queensland is managed by the government organisation Adoption Services Queensland.

A child’s Stepparent (being either married or in a de facto relationship with the parent of the child) can make an application to adopt the child if they can satisfy the below criteria:

Independent Children’s Lawyer (ICL)

So your parenting matter is in Court and the Judge has made an Order for an Independent Children’s Lawyer to be appointed in your matter.

What is an Independent Children’s Lawyer (ICL) and why has this Order been made?

It is a common assumption that parties have that you can not reach a financial settlement without being divorced and this is simply not true. For parties to reach a property settlement you and your spouse do not need to be divorced.