Applying for Divorce can be so hard emotionally, that it ends up being put off completely instead of getting closure and finally severing ties. If a separation is final and all reasonable prospects of reconciliation of the marriage have failed, staying married may become a stumbling block to actually “moving on” with a new life …
Family Law equitable distribution principles
13 February 2024
Dividing Superannuation in Family Law Settlements
For family law purposes in Australia, superannuation is treated as “Property” and can be divided between the parties after the breakdown of a marriage or the breakdown of a de facto relationship. Rather than cashing out the super money, however, the superannuation is “split” and assigned to the partner who is entitled to a top-up. Superannuation …
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Family Law Family Dispute Resolution family mediation
7 February 2024
How to Settle Your Family Law Matter…and Avoid Going to Court
Ways To Formalise Your Agreement in Family Law If you and your former partner can reach an agreement in principle about how to divide your property and financial resources, you can save an enormous amount of time, money and the stress of being in the Court system. After agreed, making it legally binding, means you …
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News
31 March 2023
ACQUISITION COMPLETED
As of 31 March 2023, Rigoli Lawyers was acquired by Littlejohn Legal and many staff and clients joined the team at Michael Benjamin & Associates. Rigoli Lawyers is now incorporated within Littlejohn Legal. The combined team will offer in person consults at our Melbourne office or in South East Melbourne, plus remote service for …
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custody disputes dispute resolution Family Law
13 December 2022
Family Court rules unacceptable risk -father cannot see daughter at all
A father failed in his appeal seeking to see his daughter in the case of Lim & Zong [2022] FedCFamC1A 146 (20 September 2022). Background This matter involved an appeal brought by the father of a 10 year old girl against parenting orders made by the family courts. The orders provided that the child would …
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Family Violence
13 December 2022
Family Court supervised visits -resented by father and stopped then resumed
In the case of Samad & Haider [2022] FedCFamC2F 1256 (16 September 2022) the father was found to have a sense of entitlement in resenting the fact that his contact with his child was ordered to be supervised. Background The mother and father married in an Islamic religious ceremony in 2019 and had a short …
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Family Law
12 December 2022
Family Court orders equal time with kids
In the case of Blatch (No 5) [2022] FedCFamC1F 651 (31 August 2022) the court made orders gradually increasing the father’s time with the children to equal time but also ordered him to get up to date with his child support. Background The parties commenced living together in 2003 and married in 2005. They have two …
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De Facto Relationships Property Settlement
19 October 2022
Percentage Entitlement In Family Law Case Short De-Facto Relationship
In the case of Grunseth & Wighton [2022] FedCFamC1A 132 (26 August 2022) an appeal was made from original orders dividing the parties’ property so the appellant (de facto wife) received 47.5 per cent and the respondent (de facto husband) received 52.5 per cent. Background to case The appellant contended that such a finding could …
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Family Law
7 October 2022
Commencing or responding to proceedings in the Family Courts of Australia
Proceedings are commenced by filing an Initiating Application. The necessary pre-action procedures, full and frank disclosure, must have already been completed. Initiating application File the following documents with an Initiating Application in financial proceedings: 1. a Genuine Steps Certificate that certifies the applicant has complied with the pre-action procedures and made a genuine attempt to …
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Appeals
25 July 2022
WIFE SUCCESSFUL APPEALING COURT OUTCOME FOR PROPERTY SETTLEMENT- LESS DEBT TO TAKE
The case of Chan and Lee 2022 was an appeal bought by the wife against property orders made on 23 March 2021 when she was not satisfied with the result of taking on debts with the property she was awarded. BACKGROUND The parties were married on 15 May 2008 and separated on 16 May 2016. …
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