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Berry Family Law

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24.01.2022 What will happen to my Superannuation if I Separate? Superannuation may represent a significant portion of your assets. It is there to fund a more comfortable retirement for you. Its treatment on any breakdown of your relationship should be carefully considered. Since 2002, the Family Court has been able to adjust and divide superannuation upon the breakdown of relationships. Before the legislation, the member would keep their own superannuation and the non-member spouse woul...Continue reading

23.01.2022 Some hints on how to keep your legal fees down We want to get the best result for you - net of legal costs. Taking a pragmatic approach can minimise your costs. Here are a few hints aimed at getting better value, working together. 1.If you are providing us with documents, copy or print the documents yourself. Otherwise you will incur charges for copying and/or printing the documents. If you collate the documents into order and include an index if possible, it will save your... lawyer's time and your money. 2.Try to avoid sending voluminous amounts of documents attached to emails. You will incur charges for us printing the documents. You will save money by printing the documents yourself and sending them by mail to our office, or bringing them in when you next visit. 3.Each attendance by our professional staff is charged in 6 minute units. If you want to discuss something, make a list of what you want to discuss, rather than contacting us every time you think of something. One attendance, rather than numerous attendances is less expensive for you. 4.The more time you spend with our lawyers the more your costs will be. If you can prepare for meetings and be concise it will be less expensive for you. 5.Keep a diary, particularly for parenting cases, it is helpful to document important events as they occur. For example, the days and times the children are spending time with you, or any changes in their care arrangements. 6.Don't be afraid to issue in court. Often it is less expensive to progress your matter this way rather than going back and forth to the other side without much compromise. If the other side is not cooperative the Court will require them to do things by certain dates. The court will require compulsory mediation in most cases. 7.Ethically we must respond to a reasonable request made by the other side. We cannot ignore their communication. We are ethically required to at least acknowledge their communication and confirm we shall seek your instructions. 8.Most costs are incurred in the last three months or so before a final hearing. Before that step is reached, we will do whatever we reasonably can to settle your matter. Most matters settle well before the final hearing. 9.If the other party is uncooperative or obstructive, this can increase your costs. If the other party is reasonable we can usually settle your matter efficiently and cost effectively. 10.Some law firms can be difficult to deal with. They can be combative, unreasonable or their firm's culture is to "fight every point". If your spouse engages one of these firms, your costs may be higher. 11.If your spouse acts for themselves, your costs may be higher. See more

23.01.2022 A Dozen Things To Do If You Have Just Separated Contact your bank or financial institution by facsimile or email to stop joint funds from being removed or liabilities increased. Check your Will to see if it is still appropriate. If you do not have a Will consider having one drafted.... Ensure any Powers of Attorney are revoked and have appropriate ones drafted. Consider whether your nominated death beneficiary for your superannuation entitlements is appropriate. Photocopy all of your and your ex’s financial documents and put them in a secure location (this should not be in your home or motor vehicle). Contact the Child Support Agency and find out how much is to be paid or is payable. Read more: https://www.berryfamilylaw.com.au/a-dozen-things-to-do-if-/ #familylawyer #separation #divorce

23.01.2022 Coronavirus and Family Law (COVID 19) The Coronavirus has already had a massive impact upon day-to-day life in Australia. It has also led to much uncertainty for people navigating separation and post-separation parenting arrangements and financial division. Family violence... The most significant impact is expected to be a dramatic rise in family violence. The laws relating to family violence vary from State to State. Victorian Police will continue to act to protect people experiencing family violence in Victoria. Further information is available here: https://www.police.vic.gov.au/family-violence). Your home should be the safest place to be to avoid Coronavirus. For people who are experiencing family violence, this makes it incredibly difficult to separate in a manner that doesn't put the health and safety of themselves and any children at risk. Importantly for people who are experiencing family violence, support services remain available. There are numerous services who provide support to people in certain locations. A good start is:- 1. Safe Steps (https://www.safesteps.org.au/); and 2. 1800 Respect (https://www.1800respect.org.au/). Other services include:- A. The MensLine (https://mensline.org.au/); and B. The Men's Referral Service (https://www.betterhealth.vic.gov.au//serviceprofiles/mens-) Lawyers can assist people to navigate the legal aspects of family violence and separation. The support that we can provide to our clients will continue while Berry Family Law works remotely. Parenting arrangements Parents are concerned about the impact of the Coronavirus on the safety of their children. For separated parents, the Coronavirus is also creating practical limitations about how the children might spend time between two households. For example, while children might normally transition between their separated parents at school, this will be impractical if schools temporarily move to online learning. As they navigate the current challenges, separated parents should continue to prioritize their children's best interests. This doesn't mean using the Coronavirus as an excuse to stop the children spending time with the other parent. It instead means that parents may need to adapt and use common sense to meet existing obligations under Court Orders or to facilitate time with the other parent when no agreement has been reached.

23.01.2022 Am I in a De Facto Relationship? In Australia, de facto couples have essentially the same legal rights in relation to parenting and property matters as married couples do. Many clients believe they must be living with their partner for 2 years before they are considered to be in a de facto relationship. This is not correct.... What does the Family Law Act say? For the purposes of the Family Law Act, a person is in a de facto relationship with another person if: a) The persons are not legally married to each other; and b) The persons are not related by family; and c) Having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis. A court determining whether a de facto relationship exists is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case. Working out if persons have a relationship as a couple No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether the persons have a de facto relationship. Those circumstances may include any or all of the following:- a) the duration of the relationship; b) the nature and extent of their common residence (de facto relationships have been found to exist even when the parties do not live together) c) whether a sexual relationship exists; d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them; e) the ownership, use and acquisition of their property; f) the degree of mutual commitment to a shared life; g) whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship; h) the care and support of children; i) the reputation and public aspects of the relationship. A de facto relationship can exist:- a) between 2 persons of different sexes; and b) between 2 persons of the same sex; and c) even if one of the persons is legally married to someone else or in another de facto relationship. Financial Agreements for de facto couples People in a de facto relationship (or contemplating entering one) can enter into a Financial Agreement (also known as a pre-nup) to set out how their property will be divided in the event of separation. A Financial Agreement can provide for you to retain the assets and superannuation you had at the commencement of a relationship. Without a Financial Agreement, your former de facto partner may be successful in an application for property settlement. For more information about de facto relationships or any family law issue, call Berry Family Law on (03) 9399 7090.

23.01.2022 10 things to do if you have just separated 1. Contact your bank or financial institution by facsimile or email to stop joint funds from being removed or liabilities increased. 2. Check your Will to see if it is still appropriate. If you do not have a Will consider having one drafted. 3. Ensure any Powers of Attorney are revoked and have appropriate ones drafted.... 4. Consider whether your nominated death beneficiary for your superannuation entitlements is appropriate. 5. Photocopy all of your and your exs financial documents and put them in a secure location (this should not be in your home or motor vehicle). 6. Contact the Child Support Agency and find out how much is to be paid or is payable. 7. Do title searches on your properties. If your home is in your exs name or it is held as tenants in common ensure that you place caveats over the properties. If your property is held jointly consider severing the joint tenancy. 8. If there has been family violence in the relationship seek an Intervention Order. 9. Start a diary which keeps track of time with the children and any adverse behaviour of your ex. 10. Most importantly, seek advice from an experienced Family Lawyer by calling (03) 9397 2488 See more

21.01.2022 Some hints on how to keep your legal fees down We want to get the best result for you net of legal costs. Taking a pragmatic approach can minimise your costs. Here are a few hints aimed at getting better value, working together. If you are providing us with documents, copy or print the documents yourself. Otherwise you will incur charges for copying and/or printing the documents. If you collate the documents into order and include an index if possible, it will save your l...awyers time and your money. https://www.berryfamilylaw.com.au/some-hints-on-how-to-kee/ #familylaw #divorce #separation

20.01.2022 A dozen things to do if you have just separated Contact your bank or financial institution by facsimile or email to stop joint funds from being removed or liabilities increased. Check your Will to see if it is still appropriate. If you do not have a Will consider having one drafted.... Ensure any Powers of Attorney are revoked and have appropriate ones drafted. Consider whether your nominated death beneficiary for your superannuation entitlements is appropriate. Photocopy all of your and your exs financial documents and put them in a secure location (this should not be in your home or motor vehicle). Read more: https://www.berryfamilylaw.com.au/a-dozen-things-to-do-if-/ #separation #divorce #familylawyer

19.01.2022 10 things to do if you have just separated 1. Consider contacting your bank or financial institution by facsimile or email to stop joint funds from being removed or liabilities increased. 2. Look at your Will and consider if it is still appropriate. If you do not have a Will consider having one drafted. 3. Ensure any Powers of Attorney are revoked and have appropriate ones drafted.... 4. Consider whether your nominated death beneficiary for your superannuation entitlements is appropriate. 5. Photocopy all of your and your exs financial documents and put them in a secure location (this should not be in your home or motor vehicle). 6. Contact the Child Support Agency and find out how much is to be paid or is payable. 7. Do title searches on your properties. If your home is in your exs name or it is held as tenants in common ensure that you place caveats over the properties. If your property is held jointly consider severing the joint tenancy. 8. If there has been family violence in the relationship seek an Intervention Order. 9. Start a diary which keeps track of time with the children and any adverse behaviour of your ex. 10. Most importantly, seek advice from an experienced Family Lawyer https://www.berryfamilylaw.com.au/ #familylaw #separation #divorce Lawyer.

18.01.2022 Berry Family Law specialises in the following areas: Property Parenting Paternity... Spousal Maintenance Crimes Family Violence Surrogacy Divorces Financial Agreements Defacto Property Disputes Same Sex Disputes https://www.berryfamilylaw.com.au/about-us/ #familylawyer #Divorce #separation

18.01.2022 Family Violence & Cyber Stalking What you need to know There are three different Acts that need to be considered in relation to family violence and cyber stalking. The Family Law Act defines family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the persons family (the family member) or causes the family member to be fearful....Continue reading

16.01.2022 Family Dispute Resolution (FDR) The law requires parties who have a dispute about children to make a genuine effort to resolve the issue through the Family Dispute Resolution process before commencing court proceedings. Read more: https://www.berryfamilylaw.com.au/family-dispute-resolutio/

14.01.2022 A message from our Managing Partner - James Turnbull As COVID-19 continues to develop, we extend our thoughts to those affected by the virus, and our gratitude for the healthcare professionals and others who are helping our community through this difficult time. Measures recommended by the Commonwealth and Victorian Governments Health Departments have been adopted to ensure our clients and team should not be impacted. The health and safety of our clients and team are really ...paramount. We have ensured seamless ongoing operation through the activation of the firms Business Continuity Plan. Berry Family Law can and shall, through that plan, continue to run efficiently and service our clients. Our landline number, 9397 2488 operates and has been remotely trialled. It will continue to work even if circumstances forces office closures. Emails have always been available to our lawyers remotely. That will not change. We are offering video or voice conference meetings, should that be any clients preference. Zoom video conferencing has been set up in each office and it is also available remotely. Protocols are already in place for face to face meetings. The Family Courts have implemented hearings by video link. We have adapted to that and achieved good outcomes for clients already. All of our team have now trialled working from home, and we can report due to our up to date IT capability, that has worked well. This is an unprecedented time for everyone, and the situation is changing daily. Please be assured that we will keep you informed of any relevant changes or updates as necessary. Our team will work with you to get through this. You can remain confident that the quality of our advice and assistance to our clients will not change.

13.01.2022 Parenting Plans If parents reach an agreement in relation to parenting arrangements there are two ways the agreement can be formalised by Court Orders made by consent or by entering into a Parenting Plan. When separating and considering future arrangements for your children it is important to understand that there is no automatic right for parents to spend an equal amount of time with their children. In decisions about children the Court must have the childrens best intere...sts as the most important consideration and will decide the allocation of parental responsibility, which parent the children should live with, and which parent the children should spend time with. The Court must first determine parental responsibility which is the responsibility to make important, long term decisions about education, medical treatment, religion and where they live. The Court will then decide who the children will live with and can order that they live with both parents (ie week and week about) or with one parent but spend substantial time with the other parent. On very rare occasions the Court will order that the children live with one parent and have no contact with the other parent. read more: https://www.berryfamilylaw.com.au/ #parentingplan #familylaw #separation

10.01.2022 Support for Separated Families Separation is a time of many changes and it is important to seek support if you need it. However, navigating the maze of services available to separated families can be difficult. For general information, Family Relationships Online is an Australian Government service designed to provide all families with easy online access to information about family relationship issues. ... Family Relationship Centres have been set up across Australia by the Government and offer family dispute resolution (mediation) services to help families determine future care arrangements for children. Mediators will help you to focus on your childrens needs and decide what to do next. They can also assist you to develop a parenting plan. Read more at https://www.berryfamilylaw.com.au//support-for-separated-f #separation #familyviolence #parentingplan #familyrelationships #COVID-19

08.01.2022 The Family Courts and COVID-19 (Coronavirus) The Family Law Courts (encompassing both the Family Court of Australia and the Federal Circuit Court of Australia) have adopted a number of practices to ensure that the Courts can continue to function while the Covid-19 (Coronavirus) restrictions are in place. These measures aim to ensure that the Court can continue to effectively resolve Family Law disputes in a manner that protects the health and safety of Court staff and users.... The first step undertaken by the Court is to list hearings remotely. Essentially, this means that, rather than being present in a Court room before a Judge, people and their lawyers have been attending certain hearings remotely via telephone calls or video-conferencing. More recently, the Court has resumed listing more face to face hearings. Such hearings are currently subject to strict procedures limiting peoples interactions in the Court room. To further reduce risk, the Court is staggering listings across the day to reduce the number of people in Court at any given time. Like most workplaces, cleaning efforts are in place to prevent exposure. Read more at : https://www.berryfamilylaw.com.au/the-family-courts-and-co/

07.01.2022 Berry Family Law specialises in the following areas: Property Parenting Paternity... Spousal Maintenance Crimes Family Violence Surrogacy Divorces Financial Agreements Defacto Property Disputes https://www.berryfamilylaw.com.au/ #familylaw #divorce #separation

05.01.2022 Covid-19 and Family Violence Across Australia, State and Territory Governments have put in place measures that prevent people from leaving their homes except for certain valid reasons. Currently, these restrictions vary significantly across Australia. While it seems likely that these restrictions may be loosened in the near future, it appears inevitable that we will continue with restrictions in some form for the foreseeable future. Separating is difficult enough. For people ...who are experiencing family violence, these restrictions make the separation process all the more difficult. Naturally, the safety of a separating spouse and the safety of any children and other family members should always be the highest priority. If you have any immediate concerns about your safety and the safety of any children or Family Members, you should contact the Police (or 000 in an emergency). In Victoria, the Police will continue to act to protect people experiencing family violence in the State. A Family Violence Intervention Order may be necessary to ensure that separation occurs safely. An Intervention Order can protect people in a number of ways. In the most serious circumstances, Intervention Orders can remove an abusive partner from the family home and from further contacting the separating spouse or children without a Court Order or written agreement. An Intervention Order can be put in place either:- 1.By approaching the Police and obtaining their support to apply on your behalf; or 2.By personally applying for an Intervention Order. Navigating this process can be incredibly frightening, stressful and confusing. There are numerous support services who are able to provide invaluable support to people experiencing family violence. Those services can assist people in a range of ways, including implementing a safety plan to enable a spouse to separate. A list of services that may assist is detailed at the end of this article. It is also important to seek legal advice. Obtaining legal advice enables people to navigate the legal process and understand their legal rights and responsibilities. Lawyers can assist to negotiate and implement short-term or long-term parenting arrangements, any interim financial support and the division of assets. Family violence support service There are numerous family violence support services. Some services operate nationally and others cover certain regions. A good start is:- 1.Safe Steps (https://www.safesteps.org.au/); and 2.1800 Respect (see link here: https://www.1800respect.org.au/). Other services include:- 1.The MensLine (https://mensline.org.au/); and 2.TheMen'sReferralService (https://www.betterhealth.vic.gov.au//serviceprofiles/mens-) Andrew Johnston BA LL.B LP Accredited Specialist in Family Law Berry Family Law

02.01.2022 Do you really need a Financial Agreement after separation? Separated couples are often able to reach an agreement about how they wish to divide their assets. In most circumstances, it is in the interest of each party to formalise the agreement reached. In simple terms, formalising an agreement means taking steps to ensure that the agreement is binding and enforceable. If done properly, this ensures that the parties are able to "draw a line in the sand" about their financial r...elationship. It prevents either party from coming back for more money or assets from the other in the future. There are sometimes horror stories when separated spouses do not formalise their financial separation. An example is the decision of Damiani. The parties separated but did not divorce. Fourteen years after their separation, one spouse applied for a property settlement. The other spouse's assets and business had been worth about $1,000,000 at separation. They had grown to about $4,000,000 by the Court hearing 14 years later. The Applicant who would have received about $100,000 at separation was awarded over $1,300,000. A small, once off "insurance premium" of a few thousand dollars in legal fees may give great peace of mind. There are two options to legally formalise an agreement:- 1. Consent Orders; or 2. A Financial Agreement Generally, it is preferable for parties to enter into Consent Orders to be filed with the Family Law Courts. This involves drafting two documents to be filed with the Family Court. Once lodged, the documents will be considered by a Registrar of the Court. The parties do not need to attend Court. Assuming that the Registrar considers that the agreement is fair and appropriate given the specific circumstances of the relationship, the Registrar will make binding Court Orders in the agreed terms. In some situations, it may be preferable for the parties to enter into a Financial Agreement. A Financial Agreement is prepared by lawyers. It is essentially a contract entered into between couples. It seeks to formalise the agreement reached by the parties and prevent either party from making an Application to the Family Court. Each of the parties must receive independent legal advice about the Financial Agreement. If drafted carefully, the Financial Agreement should act as a bar to the Court making any Orders inconsistent with it. In most situations Consent Orders are preferable. They are generally cheaper and easier to prepare. It is important that parties seek legal advice about the best approach for their particular circumstances. Call Berry Family Law on 9399 7090

02.01.2022 Why would I choose a Financial Agreement to resolve financial issues? Consent Orders are normally made only after a marriage has ended. A Financial Agreement may be entered into before a marriage (a Pre-Nup), during or after a marriage. A party might consider a Financial Agreement:-... To quarantine assets owned at the start of a relationship To quarantine specific or sentimental assets To provide for certainty To save the significant emotional and financial cost of disagreement if the marriage does not succeed To avoid appearances at Court To avoid disclosure of financial information in Court To obtain concessions from stamp duty and certain taxes As insurance Financial Agreements are technical documents which require specific independent legal advice. #prenup #bindingfinancialagreement #consentorders #berryfamilylaw