Bankruptcy and Property Settlements
Tuesday, 3 September, 2024
Bankruptcy can have a significant impact on a property settlement matter. A person is considered bankrupt when they are unable to pay their debts as and when they fall due.
Read moreIs there an Increasing Trend in Separation Post 50?
Monday, 5 August, 2024
The answer is yes. One in three divorces (or separations for de facto couples) involve parties who are over 50. The terms ’grey divorce’ and ‘silver splitter’ have been coined to describe these later in life separations.
Read moreAnnulment of marriage in Australia
Wednesday, 26 June, 2024
An annulment of a marriage differs from a divorce in that it is a legal declaration that a marriage between two parties is null and void from the outset. In Australia, annulments are governed by The Family Law Act 1975 (Cth). Under this Act, if there is any doubt about the validity of a marriage, the Federal Circuit and Family Court of Australia may declare the marriage invalid. This process is referred to as a declaration of nullity.
Read moreDivorce in Australia
Tuesday, 4 June, 2024
Divorce is the formal ending of a marriage. It is distinct from separation, which refers to the breakdown of a marriage. It is an important legal process.
Read moreAfter a Will is Signed
Monday, 20 May, 2024
In our practice at Swan Family Lawyers most of our clients ask us to hold their original signed Will in our Deed Box. We do not charge clients for this service and can provide clients with a hard and email copy. Some clients decide to take their original Will with them.
Read moreWhat Is Collaborative Practice?
Friday, 10 May, 2024
Collaborative Practice is a voluntary dispute resolution process in which parties settle without resort to litigation.
Read moreNavigating Change: A Guide to the Family Law Amendment Act in relation to Parenting Proceedings
Wednesday, 17 April, 2024
On 6 May 2024 changes to the Family Law Act 1975 will come into effect. One of the central aspects of the amendments is an emphasis on promoting the welfare of children in family law proceedings. The changes made simplify the list of “best interest factors” the court must consider when determining parenting arrangements, as well as removing the presumption of equal shared parental responsibility and associated equal time considerations.
Read moreWhat happens to the Family Pets in Family Law Proceedings?
Wednesday, 20 March, 2024
Due to the emotional bond we have with our pets, many of us regard them as integral and valued members of the family. But did you know that the Family Law Act 1975 (Cth) does not have a specific provision relating to pets?
Read moreSocial Media and Family Law Proceedings
Sunday, 10 March, 2024
Social media use is something that has become so normalised that for many people, it is their primary means of communication with others. Whether it be sharing photographs or reels on Instagram or comments on topical issues on Threads; social media provides us with the opportunity to connect with an abundance of likeminded individuals in a digital world.
Read moreA Lost Will
Tuesday, 5 March, 2024
The Court usually requires the production of the original will signed by the will-maker before 2 witnesses. There are many circumstances in which a will may be lost and it can happen during the lifetime of the maker or after their death.
Read more