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Meillon & Bright Legal

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23.01.2022 If you’re separated but still living with your spouse, this is called ‘separation under one roof’. As coronavirus continues to force many of us to spend more time together, some couples are realising that ‘enough is enough’. Unfortunately, the nature of challenging economic times, partners losing work and general uncertainty as to our financial futures, creating two residences (and incurring the significant cost of this) can be financially impossible.... We’ve put together a guide of important actions you should take if you decide to separate but remain living under the same roof. https://bit.ly/2UuTjJN #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #SeparatingFromYourPartner #FamilyLawSeparation #SeparationUnderOneRoof #DivorceLawyers

23.01.2022 Working out who is entitled to spousal maintenance and who should pay spousal maintenance can be complex. To start with, there are three types of spousal maintenance; urgent, interim orders and final orders. Understanding what the court considers when assessing your entitlement to spousal maintenance is key to ensuring you receive the support you require and deserve.... Learn more here http://bit.ly/2R0TcTf #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #SpousalMaintenance

23.01.2022 Myth-busting time There’s a bit of rumour around family law property settlement timelines which needs rectifying. We often receive enquires from clients who assume they have to wait at least 12 months following separation, to commence their financial and property settlement.... This is incorrect. We’re fairly certain they’re confusing this ’12 month waiting period’ with the laws around a court granting a divorce. Find out more about property settlement, including the timelines, after separation here. http://bit.ly/2N16CNY #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #PropertySettlement #DivorceLawyers

21.01.2022 If you recently married, congratulations! But in amongst all the excitement, did you remember to write your Will or update your old Will? In many circumstances, marriage generally cancels any Will you had previously?... It will also be invalid if you divorce (with some exceptions). Keeping your Will up to date at all times, and particularly when any personal circumstances change, is critical and here’s why. http://bit.ly/2M6jnqd #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #YourWill #UpdateYourWill

21.01.2022 It’s important to understand that separation doesn’t have to mean animosity and disagreement. Often, separating partners come to an amicable agreement about property and sharing time with the children. This can be very beneficial to all parties for a number of reasons. But a word of caution; what begins amicably doesn’t necessarily stay that way forever. ... Likewise, sometimes there can be confusion about what was actually agreed to in the first place or peoples’ priorities change; particularly if we’re stressed. The best thing you can do once you have reached agreement with your former partner is to formalise it with Consent Orders. http://bit.ly/36x0pAr #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport

20.01.2022 After separation, it’s not uncommon that at some point, one parent may seek to relocate with a child to another town, state or country. If both parents have equal shared parental responsibility, then simply put, consent of both parents is necessary to relocate the child. Ultimately, the court will look at what is in the best interests of the child but there are a number of factors the court will consider before making a determination.... Learn more here. https://bit.ly/3f8i5bb #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #ChildSupport #ParentingOrders #DivorceLawyers

20.01.2022 When people are considering separation, there is myriad of things to think about and act upon; particularly things related to finances. It’s no wonder there is often apprehension about separating from your partner. One of the primary considerations is, ‘Who pays the mortgage?’ In our latest blog from family lawyer Kristie Smith, we look into this specific question and what your options are.... https://bit.ly/30ZzSMv #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport

18.01.2022 Supporting your children after separation is an unknown playground for many parents. The challenges in guiding children and responding appropriately to changes in behaviour can be difficult. The Parenting After Separation program developed by Relationships Australia is a course designed for separated parents and carers who want to find ways to support children through the process of separation. At Meillon & Bright, we often encourage our clients to participate and the feed...back, after completion of the course, has been extremely positive. Want to learn more? Click here. https://bit.ly/3kdqT0x #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #Parenting #BestInterestsOfChildren #ParentingOrders

18.01.2022 The concept of parental responsibility is common in family law parenting disputes. Often, parties to a family law matter confuse parental responsibility with the time they spend with their children after separation. In this article, family lawyer Chelsea Bech looks at the differences between these two concepts and the importance of understanding your rights and obligations in any family law parenting dispute.... http://bit.ly/378Kh8o #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #ParentingOrders #DivorceLawyers #ChildSupport

15.01.2022 Separation is usually a difficult process. There’s added complexity when the primary asset of the relationship is a family farm. It’s crucial that expert legal and financial advice is sought if you’re in the process of separating (and/or finalising property settlement) when a farm is involved. In this article, family lawyer Kristie Smith looks at what makes this more complex and why it’s critically important to seek advice from experts.... https://bit.ly/3bHriUK #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #DivorceLawyers

14.01.2022 Your Final Parenting Orders can actually be varied (or set aside) under very strict circumstances. There is a barrier to making the changes, referred to as the rule in Rice v Asplund. Learn more about the rule of Rice v Asplund and whether it can be applied to your specific circumstances.... https://bit.ly/3c0VSdz #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #ParentingOrders #ChildSupport

14.01.2022 The Family Court of Australia and the Family Court of Western Australia can declare a marriage invalid. This is formally referred to as a decree of nullity. More commonly though, people would refer to it as a marriage annulment. It’s not a common process and there are requirements you must demonstrate to obtain a decree of nullity.... In our latest blog, family lawyer Matt Kinder looks at what you need to do if you are seeking a marriage annulment. https://bit.ly/2QWHd9M #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #MarriageAnnulment #DecreeOfNullity #DivorceLawyers #ChildSupport

12.01.2022 You’d think Final Parenting Orders are just that; final. Not necessarily so. Your Final Parenting Orders can actually be varied (or set aside) under very strict circumstances. Learn more about varying Final Parenting Orders in our latest blog from family lawyer Chelsea Bech.... https://bit.ly/3c0VSdz #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #ParentingOrders #ChildSupport

12.01.2022 Sure, the world looks very different today than it did only a few weeks ago. But there’s also a lot that remains unchanged for many. People who separated before or during COVID-19 have the added pressure of still needing to deal with the family law aspects of that situation; for both their financial security and/or health and safety.... One of the key considerations to protect future financial security is to achieve a just and equitable distribution of property. Just and equitable doesn’t simply mean that everything is split 50:50. The court will consider many factors in determining the fairest distribution. Knowing what the court will consider and how it will calculate your property settlement is key to protecting your own future interests. http://bit.ly/3as2UHa #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #PropertySettlement #DivorceLawyers

12.01.2022 Children are often innocent victims after their parents separate or divorce; even in the best of times. What we should all be striving for, at all times, is good quality parenting; parenting which delivers structure, warmth, emotional support and positive reinforcement. Using the many resources available to you (at any time, not just during the pandemic) is crucial to protecting the best interests of your children during separation.... https://bit.ly/3aaNu8N #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport

11.01.2022 There’s sometimes a little confusion around Child Support Agreements; the types of agreements, who pays whom, are they compulsory etc. In our latest blog with family lawyer Matt Kinder, we look at the two types of agreement (Binding and Limited) and if you need one, which one might be best for you. https://bit.ly/2CWNFdy... #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #ParentingOrders #DivorceLawyers #ChildSupport

10.01.2022 If you’re separating, or even just considering separation, there’s a lot to think about. To give you a head start, we’ve created a Top 10 things to consider list. This is aimed at making all those competing priorities during or after separation; from finances to property, children and sadly at times, your personal safety and the safety of your children, just that little bit easier.... http://bit.ly/2LG1oGU #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport

09.01.2022 This is quite a common question in family law matters: Can my child decide which parent they want to live with? In short, they can’t decide where they wish to live. But they can ‘influence’ a decision of a court as to where they live. Learn more in our latest blog from family lawyer Kristie Smith.... https://bit.ly/3hOPbOc #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #ParentingOrders #ChildSupport

08.01.2022 Can I serve my family law documents on Facebook? (or another social media platform). That’s a question that’s becoming more and more common in recent times. So much so, family lawyer Matt Kinder decided to write an article to address it.... https://bit.ly/2KTiosg #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport

08.01.2022 Mediation is a valuable tool available to couples going through separation. It’s an important step in resolving any conflict between you and your former partner in a confidential, respectful and cost-effective way. Although legal representation is not required, we recommend you have a lawyer to assist you on the day, to ensure that any agreement reached is drafted on the day and will be enforceable.... Even during the coronavirus pandemic, separating couples continue to turn to mediation options. Family law courts, mediators, lawyers and all other parties have adjusted procedures appropriately to ensure optimal health and safety during any proceedings. http://bit.ly/36tlKKY #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport

07.01.2022 It’s not unusual (and in fact is becoming more common), for parents to provide financial assistance to their kids. This often happens when your child is getting married; to kickstart that climb onto the property ladder for example. Or to help them set up a new business. What’s critically important, is how you view that provision. That is, is it a gift or a loan.... The difference is crucial, particularly if your family member ends up in family law proceedings due to separation. How will your financial assistance be treated in any property settlement? Learn more in our latest blog with family lawyer Matt Kinder. https://bit.ly/304dDEt #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport

07.01.2022 Caveats in family law can be a consideration for protecting your interests after separation. But there are a lot of things to consider: Who can lodge a caveat? When it might be appropriate... What are the advantages of a caveat? What are the risks? Should you consider it after your separation? So, is a caveat suitable for your circumstances? https://bit.ly/2ASMVoF #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #Caveats #PropertyCaveat #PropertySettlement #DivorceLawyers

06.01.2022 We’re often asked, Can the Family Court make the other party pay my legal costs if I’m successful? Generally, each party bears their own costs but Like with many things in law, there are exceptions. There are factors a court can consider to determine if a Costs Order may be appropriate.... https://bit.ly/2DBJ40G #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #FamilyCourtCosts #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport

06.01.2022 Procedures and processes with the Family Courts system are often unfamiliar to many that find themselves there. In this series of articles, we look to explain, in Plain English, some of the more common processes experienced. In today’s blog, we specifically look at ‘directions hearings’ and ‘mentions’. Learn more here.... https://bit.ly/3vheG14 #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport #CourtOrders #DirectionHearings #Mediation #FDR

06.01.2022 Australia is a farming nation and most of those farms are family owned. So, what happens to the farm if that family relationship breaks down? Separation is usually a difficult process. There’s added complexity when the primary asset of the relationship is a family farm.... It’s crucial that expert legal and financial advice is sought if you’re in the process of separating (and/or finalising property settlement) when a farm is involved. https://bit.ly/3bHriUK #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #DivorceLawyers #SplittingTheFarm

05.01.2022 Many children spend such significant time with their grandparents, that grandparents can be a primary carer in a child’s life. The Family Law Act acknowledges this and under the Act, grandparents can apply to a court for orders relating to their grandchildren. This could include, amongst other things, who the children live with and/or who they spend time with. An application for orders can be made even if the parents of the children are not separated.... Learn more about the rights of grandparents in family law here. https://bit.ly/2M3Rlhy #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #GrandparentRights #GrandparentsAccessToGrandchildren #ChildrenAndParenting #ParentingOrders #DivorceLawyers #Separation

03.01.2022 When people are considering separation, many will initially ‘go it alone’ with working through the various processes. There’s actually quite a long list of things to consider when separating; children and their needs, parenting arrangements, finances, dividing property, getting a divorce etc. To get through the process ensuring all your rights and entitlements are protected, you’re actually much better off taking advantage of the swathe of professionals that can assist you.... Most will think of getting a lawyer but there are many other professionals that can make a huge difference to your experience of separation and ultimately, the success of your results. https://bit.ly/2YOGVFF #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport

01.01.2022 Financial Agreements (including prenups) signed on the way to the church run the risk of the financially weaker spouse arguing at a later date they were pressured into signing it or else the wedding would not proceed. The agreement could then be subsequently declared invalid. The famous Dr Dre case from the US should serve as a timely warning. You need to take time with your financial agreement with your partner and here’s why.... https://bit.ly/3mDuh7o #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #FinancialAgreements #Prenups #DivorceLawyers

01.01.2022 Relationships come in many different forms nowadays. There is no ‘one size fits all’. Marriage isn’t as common as it used to be and ‘de facto’ is a much more common term. But if you haven’t gotten married but you’re in a relationship with someone, when does the law consider that to be a de facto relationship?... http://bit.ly/2F79FzM #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #BindingFinancialAgreements #PropertySettlement #ParentingOrders #DivorceLawyers #ChildSupport

01.01.2022 Just how final are Family Court Final Orders? Sometimes, orders made by the court when, for example, children are very young, may not be suitable once those children become teenagers. There are actually limited options to change your final orders and the primary test is to demonstrate that there has been a significant change in circumstances.... https://bit.ly/2LtZsQZ #FamilyLawyers #FamilyLawyerPerth #FamilyLawyerSydney #FamilyLaw #ParentingOrders #DivorceLawyers #ChildSupport