In lengthy litigious proceedings parties can accumulate large legal fees. The question is can these legal fees form party of the asset pool in a property settlement? In the recent decision of Trevi & Trevi the Full Court allowed the appellant husband to add back to the asset pool the wife’s le...
Read moreSeparation and Divorce
Safe Steps Advice in Identifying and Responding to Family Violence
Safe Steps is Victoria’s 24/7 Family Violence Response Centre, assisting women and children experiencing family violence though their phone line and specialist support services. In the 2017-2018 financial year they received 104,189 calls – unsurprising considering 1 in 4 Australian women are aff...
Read moreALRC Submissions- Share Your Experience
The Australian Law Reform Commission (“ALRC”) is currently calling for submissions from family law professionals and those with experience of the family law system. As such, Nicholes Family Lawyers is currently considering submissions regarding ways of improving the system whilst prioritising th...
Read moreTechnology and Family Law: Friend or Foe?
It is undeniable that technology has irrevocably changed family law in Australia. It has changed the way people enter into relationships, end their relationships and pursue matters through the courts. Technology continues to evolve and change the way we gather and present evidence following the brea...
Read moreWho stays? Sole Use and Occupation Order
When people separate, one party often agrees to leave the family home however, this is not always the case. In some circumstances an issue can arise as to who will remain in the family home pending a final resolution of property matters. One option available to parties in this situation is to apply ...
Read moreAlternative Dispute Resolution- Collaboration
At Nicholes Family Lawyers we encourage our clients to make a genuine effort to resolve disputes with their former partner and avoid the need to go to Court. To help them resolve these disputes we recommend clients engage with a range of options, collectively referred to as methods of “Alternative...
Read moreTeenager’s Views Not Always Decisive
In the recent High Court decision of Bondelmonte v Bondelmonte [2017] HCA 8 the issue of the weight to be given to children’s views as to their living arrangements was considered in circumstances where the father had removed the children to New York. The parents had separated in 2010 and at the ti...
Read moreThe increasing trend of ‘bird’s nest parenting’
Increasingly some separated parents are adopting a ‘birds nest parenting’ approach following separation whereby their children remain in the family home and the parents take turns moving in and out. This arrangement is often a short or interim solution geared towards providing children with stab...
Read moreSeparate finances means no property division for de facto couple
Where a de facto couple kept their finances separate for 27 years In the recent decision of Chancellor & McCoy [2016] FCCA 53 the Court found that it was not just and equitable to make an order altering property interests for a de facto couple that had been in a relationship for 27 years. The [&...
Read moreSlocomb & Hedgewood [2015] FamCAFC 219- Applying for a property settlement 18 years out of time
Slocomb and Hedgewood is a full court appeal against a decision in the Federal Circuit Court to dismiss the wife’s application for leave pursuant to s 44(3) of the Family Law Act to apply for a property settlement 18 years out of time. When the parties separated, the husband retained the former ma...
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