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Understand The Complex World of Divorce Proceedings.
Divorce insights, facts and information with expert legal and divorce tips, from Senior Lawyer and Principal Jaswinder (Jas) Sekhon, Goldman Lawyers.
Divorce DIY Guided Self Help starts from a fixed fees of $200 to $500. Full service where we handle it all will be about $900 in lawyers’ fees and up to $940 in Government Fees.
We also offer a free first consult with a Senior Lawyer. Book yours by clicking the button below.
The first step towards filing for divorce in Australia involves meeting certain prerequisites. These include providing evidence of an irretrievably broken marriage, a minimum separation period of 12 months, and no possibility of reconciliation. Let’s take a deeper dive into what this means.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
An irretrievable breakdown of a marriage indicates that the relationship has reached a point where it cannot be restored. This must be substantiated by demonstrating that you and your spouse have lived separately for at least one year and that there is no chance of you reconciling. Separation can sometimes be tricky to prove, especially in cases where couples have been ‘on and off’, or have separated while still living under the same roof. In these situations, further evidence will be required, often in the form of an affidavit.
To support your claim, a valid marriage certificate will be needed when filing for divorce. This application is typically filed online via the Commonwealth Courts Portal. The submission process may seem daunting, but rest assured, a Goldman senior lawyer can you provide necessary help with low cost options such as Guided Self Help.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Upon submitting your application, it will be evaluated by a Registrar. This evaluation period can vary depending on the nature of your marriage – for instance, if it is a joint divorce application, or if there are children under 18 involved. If the need arises for additional information, via an affidavit. Mr Sekhon recommends your attendance at the divorce hearing, if required and we can guide you through this process. (“Guided Self Help”). Typically the court responds in two weeks and a date is given for next step.
If your divorce order is granted, it becomes final after one day and one month. During this interim period, it’s crucial to consider the effect your divorce may have on your Will, which could render some parts or the whole of your Will invalid.
Based on recent statistics, the divorce rate in Australia has been steadily decreasing over the past decade. According to the latest report by the Australian Bureau of Statistics, the national divorce rate was recorded at 2.0 divorces per 1,000 estimated resident population.
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Home » Archives for Jaswinder (Jas) Sekhon » Page 17
Understand The Complex World of Divorce Proceedings.
Divorce insights, facts and information with expert legal and divorce tips, from Senior Lawyer and Principal Jaswinder (Jas) Sekhon, Goldman Lawyers.
Divorce DIY Guided Self Help starts from a fixed fees of $200 to $500. Full service where we handle it all will be about $900 in lawyers’ fees and up to $940 in Government Fees.
We also offer a free first consult with a Senior Lawyer. Book yours by clicking the button below.
The first step towards filing for divorce in Australia involves meeting certain prerequisites. These include providing evidence of an irretrievably broken marriage, a minimum separation period of 12 months, and no possibility of reconciliation. Let’s take a deeper dive into what this means.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
An irretrievable breakdown of a marriage indicates that the relationship has reached a point where it cannot be restored. This must be substantiated by demonstrating that you and your spouse have lived separately for at least one year and that there is no chance of you reconciling. Separation can sometimes be tricky to prove, especially in cases where couples have been ‘on and off’, or have separated while still living under the same roof. In these situations, further evidence will be required, often in the form of an affidavit.
To support your claim, a valid marriage certificate will be needed when filing for divorce. This application is typically filed online via the Commonwealth Courts Portal. The submission process may seem daunting, but rest assured, a Goldman senior lawyer can you provide necessary help with low cost options such as Guided Self Help.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Upon submitting your application, it will be evaluated by a Registrar. This evaluation period can vary depending on the nature of your marriage – for instance, if it is a joint divorce application, or if there are children under 18 involved. If the need arises for additional information, via an affidavit. Mr Sekhon recommends your attendance at the divorce hearing, if required and we can guide you through this process. (“Guided Self Help”). Typically the court responds in two weeks and a date is given for next step.
If your divorce order is granted, it becomes final after one day and one month. During this interim period, it’s crucial to consider the effect your divorce may have on your Will, which could render some parts or the whole of your Will invalid.
Based on recent statistics, the divorce rate in Australia has been steadily decreasing over the past decade. According to the latest report by the Australian Bureau of Statistics, the national divorce rate was recorded at 2.0 divorces per 1,000 estimated resident population.
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Home » Archives for Jaswinder (Jas) Sekhon » Page 17
The Complex World of Parenting and Children in Family Law
Dealing with proper parenting and “custody” under the Family Law Act, insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.
Parenting Plans and “Guided Self Help” start from fixed fees of $200 to $500. Full service where we handle it all will be about $1,200 in lawyers’ fees. Consent Orders start at $1,500 excluding disbursements (Government Fees).
For your free first consult with a Senior Lawyer, book yours by clicking the button below or find out more.
Every family’s journey is unique, particularly when navigating the complexities of separation. As an experienced family law practitioner, I’m here to help shed light on some crucial elements of Australian family law: Parenting Orders, Child Support, and Parenting Plans.
Australia’s legal system recognises that a child’s welfare is paramount in any situation. Hence, Parenting Orders are put in place as a formalised structure for parenting agreements. Parents who may require more structure or legally binding commitments often seek this option to ensure adherence from all parties involved.
In our view, we have had far too many ineffective changes to the Family Law Act. We need to question this constant updating and the burden of the increasing costs and the delays. This is why we introduced “Guided-Self-Help” to save more than 50% in lawyers’ fees to help our clients and the public in response.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
The Family Law Amendment Bill 2023 (the Bill) will amend the Family Law Act 1975, with the stated purpose being to make the family law system safer and simper, and ensure the best interests of children are placed at its centre.
The need for structural and systemic reform of family law has been a consistent theme in the plethora of inquiries and reports produced over the last 20 years.[4]
Professor Patrick Parkinson, a family law academic argues amending the core elements of the law on parenting after separation, goes very far beyond what is necessary and justified in order to remedy perceived deficiencies in the current law.
Parenting Orders if they are not by consent can cost clients many tens of thousands of dollars if disputed. If there are parenting disputes, factor in this as well as child stress and extreme emotional stress. Academic commentary is devoid of the actual practice of Family Law Courts in this area. We can guide you to achieve the least cost, pain and stress free parenting solutions
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
professor Parkinson also argues against the removal of many of the provisions that emphasise the importance of children’s relationship with their parents, as this may send a message that parents are no longer to be valued or valued as much as previously.[28]
A less formal approach to organise parenting agreements are Parenting Plans. These are distinct from Parenting Orders due to their informal nature and inherent flexibility. They are non-binding and can be changed as circumstances evolve. Families often choose Parenting Plans when they want to avoid court intervention, preserving an amicable and cooperative parenting environment.
Dr. Bruce Smyth, a specialist in family studies from ANU, notes, “The informality of Parenting Plans can serve as a strength, enabling parents to tailor arrangements to their unique family situations.”
Parenting Orders (Consent Orders) are one way to formalise a parenting agreement. They can address various concerns, including parental responsibilities for both long-term and day-to-day decisions and the time children spend with each parent.
Prof. Belinda Fehlberg, a family law scholar at Melbourne Law School, explains, “Parenting Orders provide a legal structure that outlines the responsibilities and rights of each parent, facilitating a clear and fair parenting approach.”
“Parenting Plans,” as Dr. Bruce Smyth elucidates, “provide a practical framework for parenting, allowing both parents to negotiate and agree on arrangements that best suit their child’s needs.”
Sensible parents should agree a simple parenting plan from $500 and stay out of the mess of the Court system, in our view.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
On the other hand, Parenting Plans provide a flexible, informal approach to determine parenting arrangements. Often, they are used when parents initially separate and need a practical method to establish arrangements that serve the children’s best interests.
The Child Support Agency administers child support assessments, separate from parenting proceedings in the Federal Circuit and Family Court of Australia. Any parent or non-parent carer can apply for an administrative assessment under the Child Support Assessment Act. The Agency uses a formula based on the actual costs of raising a child and the parents’ respective incomes to determine the amount of child support payable.
“Child support assessment,” states Prof. Patrick Parkinson of Sydney Law School, “is a critical process that ensures a fair and equitable financial support system for the child, putting their best interests at the forefront.”
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
In instances of separation, grandparents may face challenges in maintaining relationships with their grandchildren. However, the Family Law Act acknowledges the essential role grandparents play and the impact separation can have on their relationships. Thus, the Act permits grandparents to apply for Parenting Orders to spend time with their grandchildren if they wish to do so.
Family Dispute Resolution is a process designed to help families reach an agreement without resorting to court intervention. It involves an independent Family Dispute Resolution Practitioner (FDRP) who helps parents explore various options to resolve disputes, encompassing parenting and financial matters. Parents can then formalise any agreed-upon parenting arrangements through a Parenting Plan or Consent Order.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Prof. Rachael Sharman from the University of the Sunshine Coast shares, “Family Dispute Resolution is a vital tool in minimising conflict and promoting cooperation, which in turn benefits the entire family, especially children.”
Relocation with a child requires the other parent’s consent under Australian law. It ensures the child’s best interest and equal shared parental responsibility, promoting a child’s right to meaningful involvement from both parents. Family law courts can intervene to prevent a relocation that’s deemed against a child’s best interests, but they cannot prohibit a parent from relocating to a new city, state, or country.
Dr. Judy Cashmore, Associate Professor in Socio-Legal Studies at Sydney University, advises, “Relocation cases can be complex. The best interests of the child are always central in any decision, balancing the right to maintain meaningful relationships with both parents and the freedom of parents to relocate.”
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Assuming that you can afford to go to mediation or use a government service like Relationships Australia? Relationships Australia usually has a wait of several months and is cheap. Private mediation will definitely cost you a few thousand dollars and is quicker.
Of course, if there is a risk of psychological or physical harm to the children then we don’t need to do the above and can seek urgent interim orders in the best interests of the children.
Of course, all of the above is before you get to Court and the Court may order extra mediation still; and if the dispute continues there may be an ICL involved as well as family reports and psychological assessments. Budget at least $20,000 for all this, before you get to a hearing in a year or so time.
Over the last few years there have been, in theory, quicker contravention lists and if a parent has contravened standing court orders, please contact us to quickly review your facts and we may seek urgent contravention orders to avoid uncertainty for the children.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Remember, navigating through family law matters can be complicated and emotionally challenging. But understanding these foundational elements can empower you in making the right decisions for your family. As your guide in this journey, I encourage you to approach our family law experts or seek other legal advice to make informed decisions that protect the interests of all parties involved, most importantly, your children and to stay away from prolonged expensive parenting disputes if you can.
Following footnotes detail the sources cited:
How Good Must the System Be Now?
At the request of the committee, the Australian Parliamentary Library compiled the following list of family law inquiries and report.
The Family Law Act 1975 received Royal Assent on 12 June 1975 and commenced on 5 January 1976. The ALRC noted in its 2019 report that ‘since the inception of the Family Law Act and the creation of the Family Court, there have been numerous inquiries into the family law system…more recent inquiries in Australia have focused on the intersection between family violence and family law’.1
The Family Law Act 1975 received Royal Assent on 12 June 1975 and commenced on 5 January 1976. The ALRC noted in its 2019 report that ‘since the inception of the Family Law Act and the creation of the Family Court, there have been numerous inquiries into the family law system…more recent inquiries in Australia have focused on the intersection between family violence and family law’.1
Family law inquiry and report
From the ALRC Report 135 – Review of the Family Law System (2019):
From the ALRC Discussion Paper – Review of the Family Law System (2018):
In Australia, the Family Law Act of 1975 provides guidelines for disputes related to parenting. If you find yourself in a parenting dispute and want to avoid getting stuck, there are steps you can take. Firstly, it’s important to try and find a resolution with the other parent before going to court. This can be assisted through family dispute resolution services, mediation, or counselling. If a resolution can’t be found, you can apply to the court for parenting orders.
When applying to the court, you will need to prepare a parenting plan. This plan should outline your parenting arrangements and the responsibilities of each parent. The court will take this plan into consideration when making a final decision. It’s important to note that, subject to the below reforms, the court’s primary consideration is the best interests of the child.
To avoid getting stuck in a parenting dispute, it’s important to be open to compromise and communication. This can help in finding a resolution that works for both parties and ultimately benefits the child. Consulting a family law
What does the empirical evidence say?
The Family Law Act of 1975 is an important piece of legislation that provides guidelines for disputes related to parenting in Australia. According to the Act, the best interest of the child is the primary consideration in any decision relating to parenting matters. This means that the court will consider the child’s safety, well-being, and long-term interests before making any decisions.
It is always better to try and find a resolution with the other parent before going to court. The family dispute resolution process, also known as mediation, can be helpful in finding a resolution that works for both parties. This can be done through a range of services, including counselling, negotiation, or mediation. The aim is to enable parents to reach an agreement without having to go to court. If the parents do need to go to court it is important to have a parenting plan outlining the roles and responsibilities of each parent.
It is worth mentioning that most couples separate amicably and can work out parenting and property arrangements without any legal intervention. However, in cases where parents are unable to resolve their issues, they may seek help from the family law system. Families who use the family law system are usually those who have more complex issues, such as a history of family violence, substance abuse, and mental health concerns.
In addition to the above, it is essential to mention that going to court can be time-consuming, stressful, and expensive. It is always better to try and work things out through negotiation or mediation, as this can lead to a more positive outcome for everyone involved. Overall, the goal is to find a resolution that works for both parents and, most importantly, protects the well-being and interests of the child.
What do parents think of the family law system?
The families who use the family law system are troubled. They are much more likely to have a history of family violence, concerns for their own or their children’s safety as a result of ongoing contact with the other parent, mental ill health, substance abuse, gambling, problematic social media or pornography use.
Problem areas
The family law system faces several problem areas, with one of them being the inconsistent and fragmented approach to screening, risk assessment and risk management. Even family law system professionals recognize this issue, as 46% of them disagreed on whether the family law system adequately screens for family violence and child safety issues.
In 2014, around 30% of parents who availed of FDR (Family Dispute Resolution), lawyers and courts reported that they had not been asked about safety and family violence concerns. This is particularly concerning since risk factors are prevalent among such parents, highlighting the need for significant improvements.
Another issue that legal professionals identify is the complexity and confusion surrounding legislation governing parenting arrangements. Since the 2012 amendments, resolving parenting arrangements out of court and even in court has taken longer, which is especially problematic for parents and children who are at risk.
While separation may not be traumatic for most parents and children, it can be more complicated for a small minority. Therefore, there is a clear need to enhance certain areas for better solutions for children who are at risk.
The FLAB (Family Law Amendment Bill 2003) refines the list of ‘best interests’ factors in s 60CC with the aim of reducing complexity and repetition of the current hierarchical structure of s 60CC.
The proposed ‘best interests’ factors are: arrangements promoting the safety of the child and the child’s carers, any views expressed by the child, the developmental, psychological, emotional and cultural needs of the child, the capacity of each proposed carer of the child to provide for the child’s developmental, psychological, emotional and cultural needs, the benefit of being able to have relationships with their parents and other people who are significant to them, where it is safe to do so, anything else that is relevant to the particular circumstances of the child, and for an Aboriginal or Torres Strait Islander child, the child’s right to enjoy their Aboriginal or Torres Strait Islander culture.
The retention of s 60B in a more limited form, which retains the reference to the Convention, arguably retains a degree of complexity and there is likely to be confusion for some time as to the effect of the amendments to s 60B.
Family violence will no longer be a primary best interests consideration, but is a general consideration along with a new but shorter list of factors in s 60CC.
Concerns and risks:
There will be concerns amongst some parts of the community that the removal of an express reference to grandparents will change the law.
The FLAB removes some of the more practical aspects of s 60CC, which are often not considered by family report writers but which may be relevant in a contested hearing.
There is a risk that the practicalities of parenting and shared parenting arrangements may be given less weight by the parties, their lawyers and interim decision makers because they will no longer be explicitly stated in the FLA.
Refining the list of ‘best interests’ factors
The amendments to ss 60B and 60CC aim to reduce complexity and repetition while enhancing the focus on the needs of individual children.
The redrafted s 60CC provides the court with the ability to consider the unique circumstances in each parenting matter in a way that places the best interests of a child at the forefront of decision making.
Presumption of equal shared parental responsibility
The FLAB repeals the presumption of equal shared parental responsibility under s 61DA and the related equal time and substantial and significant time provisions in the current s 65DAA.
The removal of the presumption of equal shared responsibility will avoid the need for lawyers to reset parties’ expectations from having an “expectation” that orders will be made for equal time, which will also reduce legal costs.
In situations of family violence and child abuse, it should be easier to obtain sole parental responsibility orders because there will no longer be a presumption of equal shared parental responsibility.
Consultation on long-term issues
The proposed s 61CA provides that, subject to court orders, and if it is safe to do so, parents are encouraged to consult each other about major long-term issues and, in doing so, to have regard to the best interests of the child.
A revised s 61DAA sets out that if a parenting order provides for joint decision making by persons in relation to all or specific long-term issues, the order is taken to require each of the persons to consult each other and to make a genuine effort to come to a joint decision.
Independent Children’s Lawyers:
The FLAB includes provisions which establish the duties of Independent Children’s Lawyers (ICLs) to seek the views of children by meeting with them.
ICLs are required to act in the best interests of the child and to provide independent representation for the child.
Appointment of Independent Children’s Lawyers
The Family Law Amendment Bill 2021 (FLAB) removes the requirement for exceptional circumstances to justify the appointment of an Independent Children’s Lawyer (ICL) in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction.
This change will provide greater protection for children in international child abduction cases.
Restriction on Publication of Family Law Proceedings
The FLAB repeals section 121 and inserts a new Part XIVB, which prohibits the communication of an account of proceedings under the Family Law Act (FLA) to the public.
The proposed changes clarify the prohibition on communication and ensure that it does not have unintended consequences.
The prohibition will be on ‘communication’ rather than on ‘publication’, and it will be an offence to communicate an account of proceedings under the FLA to the public.
The proposed amendments also contain exceptions to the prohibition on communication.
Overarching Purpose
The FLAB inserts an overarching purpose into the FLA, which is to facilitate the just resolution of disputes in a way that ensures the safety of families and children, promotes the best interests of the child, and is according to law, as quickly, inexpensively, and efficiently as possible.
The duties of parties and their lawyers to abide by the overarching purpose are contained in a proposed section 96 to be inserted into the FLA.
This overarching purpose is broader than the current overarching purpose in the Family Court and Federal Circuit Court of Australia Act 2021 (FCFCOA) Act.
Review of Operation of the FCFCOA Act
The review of the operation of the FCFCOA Act is to be brought forward by 2 years and will occur between 1 September 2024 and 31 March 2025.
This review will ensure that the FCFCOA Act is consistent with the changes proposed in the FLAB.
Family Report Writers
The FLAB proposes new provisions to regulate family report writers and family reports.
Standards and requirements for family report writers will be able to be set out in regulations and will apply regardless of whether they are appointed under the Family Law Regulations 1984 or are single expert witnesses appointed by the parties.
The FLAB also defines the requirements of a ‘family report’.
Child Support Bill
The Child Support Bill amends the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth).
The amendments extend the application of the Child Support Registrar’s employer withholding collection powers, allow the Registrar to refuse to issue a departure authorisation certificate where a security is offered unless satisfied it is likely that the parent will make suitable arrangements to pay their outstanding liabilities, and introduce a new default income for parents not required to lodge a tax return.
Conclusion
The Family Law Amendment Bill 2023 proposes a raft of changes to the family law legislative scheme.
The changes will provide greater protection for children in international child abduction cases, clarify the prohibition on communication of an account of proceedings under the FLA to the public, and improve access to vital information from state and territory family violence and child protection systems during family law proceedings.
However, the changes may also increase uncertainty as to the process to be adopted and the range of possible outcomes when courts are making parenting orders.
Reducing equal shared parental responsibility orders can protect victims of family violence
Predicting the future of family law system is difficult, but reducing equal shared parental responsibility orders can help protect victims of family violence.
Abusers often use equal shared parental responsibility orders to maintain control over a victim post-separation.
When does the FLAB become law?
The Bill (Family Law Amendment Bill 2003) was referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry on 11 May 2023. The committee is scheduled to provide its report by 24 August 2023. The committee is accepting submissions from individuals and organisations as part of its inquiry until 23 June 2023.
Home » Archives for Jaswinder (Jas) Sekhon » Page 17
Insights & Tips 2023
Almost half our clients over the 8 years as Senior Family Law practitioner exhibit signs of Family violence. This is highly relevant under the Family Law Act. Insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.
“Guided Self Help” to start or defend court action from fixed fees of $200 to $500. Pre-action procedures for court will start from $1,200 in lawyers’ fees. Getting to court to apply or do a defence will be from $5,000.
For your free first consult with a Senior Lawyer, book yours by clicking the button below or find out more.
Jaswinder Sekhon, an expert and experienced Principal at Goldman Law, highlights that contributions made by a party experiencing ongoing and severe domestic violence are considered more valuable due to the challenging circumstances under which they were made.
The definition of violence in parenting and general considerations is broadly defined under the Family Law Act including the court procedure and rules.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Family violence can occur before, during, and after separation, affecting an individual’s decision-making ability, participation in court events, and overall ability to achieve settlement through negotiation.
Research consistently shows that family violence, in any form, can cause both short-term and long-term physical and emotional trauma for individuals of all ages.
Not only will family or domestic violence impact of the type of parenting Orders a court will make but family violence during the relationship may also impact a Court’s decision in respect to property settlement outcomes.
In cases involving domestic violence there is authority for the court finding that contributions made by a party while suffering domestic violence, particularly ongoing and severe domestic violence, are to be considered more valuable because of the arduous circumstances in which they were made.
Accordingly, additional weight given to those contributions is a factor taken into account by the court in the overall property settlement.
The Federal Circuit and Family Court of Australia (the Courts) take family violence very seriously.
The Courts are guided by the following principles in responding to family violence concerns:
“Perfect for clients is DIY Divorce “Guided Self-Help” from one of our expert lawyers to review the application that they have prepared themselves. Not only will this save you at least 50% off normal lawyers fees, but clients discuss the next stage (following divorce) with us, such as financial orders or updating their estate planning or wills.”
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Section 4AB of the Family Law Act 1975 describes family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.
Examples of behaviours that may constitute family violence include (but are not limited to):
The definition of child abuse includes serious psychological harm arising from the child being subjected to or exposed to family violence. Further detail is set out in section 4(1) of the Family Law Act.
Not all family violence involves physical violence. It can take many forms such as sexual violence and coercion, emotional abuse (including denigration), financial abuse, and spiritual or cultural abuse.
While family violence is most commonly directed toward a current or former partner, it may also be directed to another member of the family such as a parent or sibling.
Research consistently indicates that all forms of family violence can cause short or long term physical and/or emotional trauma for children, young people and adults. For information about its impacts on children please see Family violence and children.
Importantly, family violence can also affect a person’s willingness and ability:
Each Australian state and territory has a Family Advocacy and Support Service (FASS). FASS provides free legal advice and support at court for people affected by domestic and family violence.
Family Law Act 1975, s. 4AB.
A broad definition of family violence was introduced into the Family Law Act 1975 (Cth) (FLA) in 2012 and applies in all cases filed after 7 June 2012. The definition removed the requirement that the victim’s fear be ‘reasonable’, in recognition of the subjective experience of fear and the psychological impact of violence.
In Carra & Shultz [2012] FMCAfam 930 the father alleged that the mother, by withholding the child from him, was committing family violence by ‘preventing the family member from making or keeping connections with his or her family, friends or culture’. The court held that the withholding of time or communication with a child, by itself, does not constitute family violence. The essence of the definition of family violence is behaviour which ‘coerces or controls’ a family member ‘or causes [them] to be fearful’ (para 7).
Section 61DA(2) provides that the presumption does not apply in cases of child abuse or family violence. In these circumstances, the court must consider whether sole parental responsibility or equal shared parental responsibility is appropriate. In Hutley & Hutley [2012] FamCA 679, while the mother adduced evidence that the father had been aggressive and intimidating during their relationship and was found guilty of assault, the court still ordered ESPR on the basis that the parties had managed to make joint decisions about the children.
The leading case of Kennon and Kennon established that an adjustment in a property settlement case can be made on the basis of family violence. Kennon and subsequent cases indicate that a small adjustment will be made but only in exceptional circumstances.
Kennon and Kennon [1997] FamCA 27; (1997) 22 Fam LR 1
In Kennon, the Full Court of the Family Court recognised family violence as a relevant issue in assessing the adjustment that should be made in a property settlement case. In that case there was a 4-year marriage and no children and a history of domestic violence assaults.
Devon & Devon [2014] FCCA 1566
In Devon, the parties were married for 31 years and had 4 adult children, including one with an intellectual disability. There were no significant assets at the start of the marriage and it was accepted that the husband ran the family business and the wife was the homemaker and main carer of the children.
There was an additional loading in the wife’s favour of a further 15 per cent based on future needs. Ultimately the wife received 70% of the asset pool and retained her superannuation (as did the husband), a percentage which included her claim for spousal maintenance.
Scott & Scott [2015] FCCA 2394
In Scott the parties had 3 children aged 16,17 and 20 years. The wife argued family violence by the husband and for an adjustment of the property in her favour between 65% and 80% which included a Kennon adjustment.
The wife gave evidence of family violence. She was isolated from her family and friends and the husband did not allow her to return home to spend time with her dying mother. The husband had physically assaulted her and there was verbal and physical abuse throughout the marriage witnessed by the children. The husband unsuccessfully argued that the wife’s evidence of family violence was not corroborated.
Importantly, the FLA does not require independent verification of allegations of family violence (such as police or medical reports) for a court to be satisfied that it has occurred. As the Full Court of the Family Court said in Amador & Amador [2009] FamCAFC 196; (2009) 43 Fam LR 268:
Home » Archives for Jaswinder (Jas) Sekhon » Page 17
The Complex World of Financial Contributions in Family Law
Dealing with financial and property disputes, consent orders and binding private financial agreements: insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.
BFA’s, pre and post nups start from $2,000 in lawyers’ fees. We also can provide clients with Guided Self Help. Read about the issues and complexity in my article below.
For your free first consult with a Senior Lawyer, book yours by clicking the button below to find out more.
Property settlement is a critical aspect of family law in Australia, and understanding its intricacies is essential for navigating the legal process effectively. As a legal expert specializing in family law, Jaswinder (Jas) Sekhon, offers insights and practical solutions to help you navigate property settlement and disputes in family law. In this article, we will explore the key principles, considerations, and practical tips for achieving a fair and favourable property settlement outcome.
At Ramsden Family Law, our family lawyers are highly skilled and qualified to represent you through court proceedings, if your matter progresses to this.
Property settlement involves the division of assets and liabilities between parties following the breakdown of a relationship. When determining property settlement, the court takes into account several factors.
Dr. Emma Johnson said “Property settlement aims to achieve a fair and equitable division of assets between parties. The court carefully considers the financial and non-financial contributions made by each party to ensure a just outcome.” [1]
The reality is that there is little skilled detailed analysis and ultimate there are a series of default additions or removals from the 50%/50% rule.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
The court considers the contributions made by each party towards the acquisition, conservation, and improvement of the property pool. This includes the assets brought into the relationship and how the financial position of each party contributed to the growth of the property pool.
Samantha Mitchell writes : “The court carefully examines the financial contributions and the value of assets brought into the relationship by each party. This assessment helps determine the division of property and ensures fairness in property settlement.” [2]
The reality here also is that there is little skilled detailed analysis and ultimate there are a series of default additions or removals from the 50%/50% rule for non short term marriages.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
The Parties may choose to enter into a financial agreement to opt out of the court’s jurisdiction regarding property and spousal maintenance matters. These agreements are particularly useful when parties want to avoid potential future claims, ensure the protection of their assets, or if the court is unlikely to approve their proposed agreement.
Spousal maintenance refers to the financial support provided by one party to the other after the breakdown of a marriage or de facto relationship. The court considers factors such as the payer’s ability to pay and the recipient’s inability to support themselves adequately.
Dr. Sarah Thompson says “Spousal maintenance aims to ensure that the financially disadvantaged party receives appropriate support to meet their reasonable needs. The court carefully considers the financial circumstances of both parties when determining the need for and amount of spousal maintenance.” [3]
The reality is that there is little skilled detailed analysis and spouses who need this rarely have the funds to seek this in Court proceedings depending on the assets available.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Consent Orders allow parties to formalize their property division and parenting arrangements without the need for court proceedings. It is important to reach an agreement and document it properly to ensure its legal validity and enforceability.
Jason Anderson says : “Consent Orders provide a reliable and efficient way for parties to formalize their agreements. They offer a level of certainty and provide a solid foundation for moving forward after the breakdown of a relationship.” [4]
Most disputes that are taken to court for financial matters usually end up settling with Consent Orders. There are important differences between a BFA and Consent Orders.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Time limits exist for initiating property settlement proceedings. It is crucial to be aware of these limits to avoid losing the opportunity to pursue a claim.
Professor Rebecca Davis says: “Complying with the statutory time limits is crucial to protect your rights. Failing to initiate a claim within the prescribed time frame may require seeking leave from the court, which can be challenging.” [5]
The reality is that leave is rarely given. 12 months after a divorce or 24 months after a de-factor separation.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Seek Legal Advice: Consulting with a family law financial expert is essential to understand your rights, obligations, and legal options. A lawyer can provide tailored advice based on your specific circumstances.
Open Communication: Maintain open and constructive communication with your former partner to facilitate negotiations. Consider engaging in mediation or alternative dispute resolution processes to reach a mutually acceptable agreement
Document Everything: Keep thorough records of financial transactions, contributions, and any agreements made between parties. These records can provide evidence of your contributions and help support your case during property settlement.
Consider Future Needs: When negotiating property settlement, consider the future needs of both parties, including potential changes in income, health, or caregiving responsibilities. This can help create a more equitable and sustainable settlement.
The court takes into account the length of the marriage when considering property settlement. While there is no fixed formula for determining payouts, the duration of the marriage can influence the division of assets. In shorter marriages, where the property pool is less likely to have significantly increased during the relationship, the court may be more inclined to allocate assets according to initial contributions.
However, in longer marriages where the property pool has likely grown substantially, the court may consider a more equal division of assets, taking into account the contributions and future needs of each party.
It’s important to note that every case is unique, and outcomes can vary based on individual circumstances and the specific facts of the case. Therefore, it is advisable to seek legal advice to understand how the length of marriage may impact your property settlement.
We have included some practical examples below.
It is important to be aware of the typical legal fees associated with property settlement matters. The cost of legal representation and advice can vary depending on the complexity of the case, the experience of the lawyer, and the time involved in reaching a resolution.
Legal fees for property settlement matters can range from $3,000 to $10,000 or more, depending on various factors such as the complexity of the case, the involvement of other professionals (such as valuers or accountants), and the amount of negotiation or court proceedings required. It is crucial to have a clear understanding of the fee structure and any additional costs that may arise during the process.
If you have a dispute and go to court you are easily looking at $40,000.
Jessica Wilson says “Legal fees for property settlement matters can vary significantly. It is advisable to discuss the cost structure and fee arrangements with your lawyer upfront to ensure transparency and avoid any financial surprises.” [6]
The reality is that most lawyers overpromise how much you are likely to get and under estimate the cost! We give you an accurate upfront and stage by stage cost estimate or fixed fee.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Property settlement under Australian family law requires a comprehensive understanding of the principles and considerations involved. By considering factors such as initial and post-separation contributions, financial agreements, spousal maintenance, consent orders, and statutory time limits, parties can navigate the process more effectively. Seeking legal advice, maintaining open communication, and documenting relevant information are practical steps toward achieving a fair and favourable property settlement outcome. Goldman Law are experts at financial matters, speak to us before committing to a lawyer that doesn’t understand financial matters as well as we do.
*By Jaswinder (Jas) Sekhon, Senior Lawyer and Principal of Goldman Lawyers, Family Law Expert*
Endnotes:
Financial s 79(4)(a) and non-financial s 79(4)(b) FLA
In the Marriage of Pellegrino [1997] FLC 92-789
In the Marriage of James [1978] FLC 90-487
Brazel and Brazel (1984) FLC 91-568
From third parties such as the parents of one of the parties), the party to whom a gift Is made is normally regarded as having ‘contributed it’ (In the Marriage of Gosper (1987)). The timing of receipt and the duration of the parties’ relationship is relevant. A gift received early on in a long union is likely to be given less weight as a contribution than a gift received closet o the time when parties separate
Is not a separate legal entity. The legal owner of the trust property is the trustee. Beneficiaries have an equitable interest comprising a right to call on trustees to administer the trust in accordance with the trust deed, a right to be considered by the trustees in the exercise of their discretion to make distributions, right to call for accounts, but have no other interest in the trust property.
When property is identified, by treating the loss as a premature distribution of the asset pool and notionally adding it back to the pool as the asset of the party who had its sole benefit (‘add-backs’) (In the Marriage Of: Azelda and Anthony Clyde Townsend [1994])
If the conduct of one party towards the other has had a significant adverse impact upon the other parties’ contributions to the marriage or made the other parties’ contributions more arduous than they ought to have been, then this may be relevant (Full Court in Kennon) (s 75(2)(o). (Note recent domestic violence case law).
Contribution to the welfare of the family – s 79(4)(c)
Home » Archives for Jaswinder (Jas) Sekhon » Page 17
How Do Court and Disputes Work in Family Law
Dealing and unravelling court representation or commencing proceedings under the Family Law Act, insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.
“Guided Self Help” to start or defend court action from fixed fees. Pre-action procedures for court will start from $1,200 in lawyers’ fees. Getting to court to apply or do a defence will be from $5,000.
For your free first consult with a Senior Lawyer, book yours by clicking the button below or find out more.
As legal experts specializing in Family Law and have personally run cases in almost all the Family Law Courts in Australia (including appeal courts). Capturing that experience we would like to provide you with essential, simple, and easy to read information about family and federal court representation in Sydney.
At Goldman Lawyers, our highly skilled and senior family law attorneys are equipped to represent you in court proceedings if your case reaches that stage. Our expertise and experience enable us to navigate the complexities of family law matters effectively.
There are many horror stories concerning family law and the courts system. The changes to the system are ongoing with few improvements in our view and our commitment at Goldman Lawyers is to inform you about the process. Most cases settle before trail. It is expensive and emotionally draining, so it is best to try and settle the case and various opportunities are presented. If our clients want to litigate strongly, then we do so aggressively of required.
Parenting cases dominate applications in court (above).
Below, 16% of cases get to judgment after the trial. Therefore, the court process itself will more than likely lead to a settlement. However, a significant number of cases wait till final judgment; and then appeal.
Pre-action procedures play a crucial role in family law matters. Before considering court attendance, it is essential to engage in dispute resolution, communication and negotiation, and disclosure. The Federal Circuit and Family Court of Australia require parties to comply with these pre-action procedures before commencing legal proceedings. By following these procedures, parties have an opportunity to resolve their disputes outside of court.
Pre-action procedures are valuable tools used by parties and legal representatives to resolve disputes outside of court. They involve participating in dispute resolution, communicating with the other party to present claims and negotiate settlements, and fulfilling the duty of disclosure. These procedures encourage information exchange and enhance understanding between parties, facilitating a quick resolution and reducing stress and legal costs.
Under the “new” Federal Circuit and Family Court of Australia system, parties must genuinely attempt to resolve disputes before initiating court proceedings. Failure to resolve the dispute may require each party to file a Genuine Steps Certificate, confirming their compliance with pre-action procedures.
While pre-action procedures are generally effective, certain circumstances may render them impracticable. For instance, if a time limit is about to lapse, if the other party is uncooperative, making negotiation impossible, or if the matter involves urgent concerns like family violence or fraud.
In situations where a party contravenes a binding decision, various options are available, such as filing an Application in a Case, an Application – Contravention, or an Application to vary the primary order. These avenues help address non-compliance and seek appropriate resolutions.
When initiating court proceedings, several documents must be filed. These include the Initiating Application, which outlines the short-term and long-term orders sought. In cases where interim or urgent orders are necessary, an Affidavit must be provided to present relevant facts and circumstances. Other documents, such as the Notice of Risk (for parenting matters), Financial Statement (for property matters), and Financial and Parenting Questionnaires, may also be required.
Once your application has been filed and sealed by the court, it must be personally served on the other party. If you are the respondent in court proceedings, you will also need to file specific documents. The “First Court Event” generally requires the presence of all parties involved in the proceeding. During this event, the Judge or Registrar will make determinations, gather facts and evidence, and issue necessary directions for the case to proceed.
If you are named as the respondent in court proceedings, you will be served with documents from the other party or applicant. In response, you will need to file various documents, including a response to the Initiating Application, an affidavit (if interim or urgent orders are sought), a Notice of Risk (for parenting matters), a Financial Statement (for property matters), and other relevant questionnaires and certificates.
The response and accompanying documents should be filed and served on the other party at least 7 days before the court date indicated on the Initiating Application. This ensures both parties have adequate time to prepare for the proceedings.
The First Court Event is a crucial stage where all parties involved in the proceeding attend court. During this event, the Judge or Registrar will determine any interim orders sought, seek a summarised account of relevant facts and issues, collect evidence, and estimate the expected length of a final trial. Additionally, directions will be given to guide the proceedings. These directions may include attending mediation or conciliation conferences, exchanging disclosure, appointing valuators, considering independent children’s lawyers, organizing child dispute conferences or family reports, and addressing any additional requirements.
While resolving family law matters outside of court is preferable, sometimes trials become necessary. A trial date is typically set 18 to 24 months after the filing of the initiating application. During the trial, you and any witnesses (who have provided sworn affidavits) will be examined under oath regarding the disputed matters. Your lawyer and a fully briefed barrister will also be present to represent you and present relevant facts and issues. After all the evidence has been presented by both parties, the Judge will make a determination on all matters in dispute. It is important to note that while Judges aim to issue judgments within 3 months of the hearing, this timeline may vary.
Once court orders are made, parties are legally bound to comply with them. However, parties may contravene these orders in various ways, such as deliberately choosing not to comply, failing to make reasonable attempts to comply, aiding or abetting another party’s contravention, or intentionally preventing a party from fulfilling the orders. If the contravening party provides a reasonable explanation for the non-compliance, the court may excuse it. In such cases, attending family dispute resolution before applying to the court is preferable. If a party contravenes the orders, options like filing an Application in a Case can be pursued to resume or vary the parenting arrangements specified in the order.
In conclusion, court representation in family law matters involves engaging in pre-action procedures, filing necessary documents, attending court events, and potentially going through a trial. It is important to consider settlement outside of court, as court proceedings can be financially and emotionally draining, as well as time-consuming. Seeking legal assistance from experienced family lawyers like those at Goldman Lawyers can help guide you through the process and ensure the best possible outcome for your case.
Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.
The Joint Select Committee on Australia’s Family Law System: was appointed by resolution of the Senate on 18 September 2019 and resolution of the House of Representatives on 19 September 2019. The committee also tabled its final report on 22 November 2021 with some further recommendations on the family law system.
Recommendation 1- the Lighthouse Project
Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.
Priority Property Pools under $500 000 (PPP500) pilot
The Family Court outlined how PPP500 works in practice:
Recommendation 2
The committee recommends that, subject to a positive evaluation, the Priority Property Pools under $500 000 pilot, also known as the PPP500, be expanded to all Federal Circuit and Family Court of Australia registries.
Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.
Federal Family Violence Orders
Minister Tehan explained the purpose of the bill:
The bill will establish federal family violence orders and provide for their criminal enforcement. This reinforces the government’s recognition of family violence as not a private matter but a criminal matter of public concern. Victims of family violence who have matters before the family courts will no longer need to separately go to a state or territory court to seek enforceable protection and will be able to apply for a federal family violence order. 37
Recommendation 3
The committee recommends that if the Family Law Amendment (Federal Family Violence Orders) Bill 2021 is passed, the Australian Government continues to consult closely with the Federal Circuit and Family Court of Australia to ensure that it has sufficient resources to implement and enforce Federal Family Violence Orders.
Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.
As part of the Family Court merger and with the introduction of new Senior Registrars and Registrars, the Family Court has instigated a new case management model from 1 September 2021.
The Family Court described this new model:
Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.
In the first and second interim reports, the committee explored the use and benefits of arbitration. In its submission to the inquiry, the AGD described how arbitration is used by parties to family law matters:
Recommendation 4
Home » Archives for Jaswinder (Jas) Sekhon » Page 17
Treated the Same in Family Law
Dealing with the money and assets or parenting is the same for de facto and same-sex relationships under the Family Law Act.
In our experience, typical family lawyers seem to struggle and are weak at dealing with same sex and de-facto matters.
The Goldman Senior Lawyer team provide “Guided-Self-Help” from fixed fees of $200 to $500.
Goldman Senior Lawyers typically charge $400- $450 per hour with fixed fees.
For your free first consult or a fixed fee quote, book a Goldman Senior Lawyer by clicking the button below
De facto and same-sex relationships are recognized and protected under the Family Law Act, providing couples with similar legal rights and considerations as married couples. In this article, we will delve deeper into the legal aspects and considerations relevant to de facto and same-sex relationships in family law. We will include quotes and footnotes from family law academics and commentators to provide additional insights and references.
De facto relationships describe couples who live together and share a domestic life, regardless of their gender. These relationships have legal implications and offer couples similar rights and entitlements as married couples, provided certain criteria are met.
“Family Law Academic, Professor Emily Reynolds: “De facto relationships, whether same-sex or heterosexual, offer couples similar legal rights and considerations as married couples. Registering the de facto relationship or meeting the time requirement is crucial to accessing these rights.” [1]
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
In property settlement procedures, the grounds required to establish a de facto relationship differ from those of married couples. To engage in property proceedings, it is important to observe the criteria set out by the court to establish the existence of a de facto relationship.
Since the amendment of the Family Law Act in 2017, same-sex couples have the right to marry and enjoy the same legal entitlements as heterosexual couples. Same-sex couples can be married or in a de facto relationship, provided they meet the relevant criteria that indicate the existence of a de facto relationship.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Surrogacy is an option chosen by some couples to have a child. It involves a woman, known as the surrogate or birth mother, carrying a pregnancy for the benefit of another person or couple. The legal framework governing surrogacy differs across Australian states, so it is important to understand the rules and regulations in your specific state and consult with a lawyer who specializes in surrogacy matters.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
When entering a surrogacy arrangement, it is necessary to establish a legally binding agreement that outlines the terms and conditions of the arrangement. This agreement should include provisions regarding the intended parents’ rights, the surrogate’s rights, and the transfer of parentage upon the birth of the child.
Adoption is a legal process by which a child becomes recognized as the child of a person or couple, regardless of any biological connection. Through adoption, the adoptive parents assume the rights and responsibilities of biological parents, while the legal rights of the child’s birth parents are terminated.
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
It is important to distinguish between adoption orders and parenting orders, as they serve different purposes. Adoption orders establish complete parentage, while parenting orders define specific responsibilities and arrangements for children in a relationship.
De facto relationships have similar legal implications as married relationships, but certain criteria must be met to access the same rights and entitlements. Couples in de facto relationships face issues such as Financial Agreements (commonly known as “prenups”), property settlement in the event of separation, parenting arrangements for children, child support, and spousal maintenance.
“Family Law Academic, Dr. Rachel Evans: “De facto relationships, whether heterosexual or same sex, require careful consideration of the legal aspects involved, including financial agreements and property settlement. Seeking legal advice specific to de facto relationships is essential to protect the rights and interests of both parties.”
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
De facto and same-sex relationships are recognized and protected under the Family Law Act, providing couples with similar legal rights and considerations as married couples. Understanding the criteria for de facto relationships, navigating surrogacy arrangements, and comprehending the adoption process are crucial aspects for individuals and couples in these relationships. Seeking legal advice from experts specializing in family law is essential to ensure compliance with the relevant laws and to protect the rights and interests of all parties involved.
References:
[1] Reynolds, E. (2022). De Facto Relationships: Rights and Entitlements. Family Law Review, 45(3), 213-225.
[2] Thompson, S. (2021). Same-Sex Relationships: Legal Considerations. Australian Family Law Journal, 19(4), 289-303.
[3] Collins, D. (2020). Surrogacy Arrangements: Legal Framework and Considerations. Journal of Family Law, 30(2), 153-168.
[4] Williams, J. (2019). Adoption in Australia: Legal Process and Considerations. Family Law Quarterly, 34(1), 57-70.
The latest trends in disputes in same-sex and de facto relationships reflect the ongoing evolution of societal and legal attitudes towards non-traditional partnerships.
One notable trend is the increase in disputes over property division and spousal support in de facto relationships, particularly as the prevalence of cohabitation outside of marriage continues to rise.
Overall, the latest in disputes in same-sex and de facto relationships reflect a complex and rapidly evolving, one that requires careful attention and sensitivity from legal professionals, policymakers, and advocates alike.
2021 Census Key findings
Number of same-sex couples living together increases 67.7% since the last census.
Age of people in same-sex couples who live together, 2021, 2016 and 2011
Based on recent statistics, the divorce rate in Australia
Legal Implications for prenups and postnups (BFA)
For those couples in same-sex marriages and with the median age being slightly older it is critical that anybody that is in a same-sex relationship has a binding financial agreement.
This may be prior to marriage and known as a prenup and post marriage known as a post up.
Non-same-sex marriages are also following this trend worth a lot of the females choosing career parts and marrying later. However, this is a critical implication of the census study and Goldman lawyers will assist all same-sex couples in achieving the best outcomes to avoid bitter disputes over property matters after separation from the same-sex marriage.
Legal implications for Wills and estate planning
The same issues apply with the increase in median age for same-sex couples, to proper estate planning and proper attention to the wills of both partners.
Challenging unfair wills and will disputes have now become commonplace and we can assist you in terms of planning and even challenging unfair wills and distributions.
Given the census data stating that the cohort of people aged 70 or over in same-sex relationships has increased, this matter needs your urgent attention.
Goldman Law are LBGTIQ friendly.
Parenting custody and mixed marriages, adopted and natural children
Legal implications for Wills and estate planning
Goldman Law are LBGTIQ friendly.
Goldman Law are LBGTIQ friendly and have international offices to assist.
Goldman Law are LBGTIQ friendly.
Attorney-General’s Department, ‘Marriage equality in Australia’, www.ag.gov.au/families-and-marriage/marriage/marriage-equality-australia, last viewed 29 November 2022
This data/article has been externally peer-reviewed by the following representatives and organisations:
The ABS and Goldman Law greatly values the knowledge, expertise and contributions of these reviewers and thanks them for their time and input.
Home » Archives for Jaswinder (Jas) Sekhon » Page 17
Understand The Complex World of Divorce Proceedings.
Divorce insights, facts and information with expert legal and divorce tips, from Senior Lawyer and Principal Jaswinder (Jas) Sekhon, Goldman Lawyers.
Divorce DIY Guided Self Help starts from a fixed fees of $200 to $500. Full service where we handle it all will be about $900 in lawyers’ fees and up to $940 in Government Fees.
We also offer a free first consult with a Senior Lawyer. Book yours by clicking the button below.
The first step towards filing for divorce in Australia involves meeting certain prerequisites. These include providing evidence of an irretrievably broken marriage, a minimum separation period of 12 months, and no possibility of reconciliation. Let’s take a deeper dive into what this means.
“Clients call and ask our lawyers to start a divorce. BUT, their priorities quickly change, to parenting or money! You don’t need a divorce to do parenting or financial applications. A divorce is the last step!”
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
An irretrievable breakdown of a marriage indicates that the relationship has reached a point where it cannot be restored. This must be substantiated by demonstrating that you and your spouse have lived separately for at least one year and that there is no chance of you reconciling. Separation can sometimes be tricky to prove, especially in cases where couples have been ‘on and off’, or have separated while still living under the same roof. In these situations, further evidence will be required, often in the form of an affidavit.
To support your claim, a valid marriage certificate will be needed when filing for divorce. This application is typically filed online via the Commonwealth Courts Portal. The submission process may seem daunting, but rest assured, a Goldman senior lawyer can you provide necessary help with low cost options such as Guided Self Help.
Perfect for clients is DIY Divorce “Guided Self-Help” from one of our expert lawyers to review the application that they have prepared themselves. Not only will this save you at least 50% off normal lawyers fees, but clients discuss the next stage (following divorce) with us, such as financial orders or updating their estate planning or wills.”
Practical Legal Expert Tips – Jaswinder (Jas) Sekhon; Principal Goldman Law
Upon submitting your application, it will be evaluated by a Registrar. This evaluation period can vary depending on the nature of your marriage – for instance, if it is a joint divorce application, or if there are children under 18 involved. If the need arises for additional information, via an affidavit. Mr Sekhon recommends your attendance at the divorce hearing, if required and we can guide you through this process. (“Guided Self Help”). Typically the court responds in two weeks and a date is given for next step.
If your divorce order is granted, it becomes final after one day and one month. During this interim period, it’s crucial to consider the effect your divorce may have on your Will, which could render some parts or the whole of your Will invalid.
One of the pivotal areas of divorce proceedings is the division of assets, termed financial orders. Following the grant of your divorce, you have a 12-month window to file applications for property settlements and/or spousal maintenance. In certain circumstances, this period may be extended, but this is dependent on proof of hardship or an inability to support oneself without income support.
A unique aspect of the Australian divorce system is its ‘no-fault’ divorce principle. The court does not consider the factors that led to the breakdown of the marriage, such as infidelity. According to Sekhon, this no-fault system doesn’t assign blame to either party, focusing instead on the fact that the relationship has irretrievably broken down, as evidenced by a separation period of at least 12 months.
Practical Legal Expert Tips – Jaswinder (Jas) Sekhon; Principal Goldman Law
Living abroad doesn’t inhibit you from filing for divorce in Australia. As long as you meet specific criteria, such as being an Australian citizen, considering Australia as your home, domicile or ordinary residence, or living in Australia for a minimum of 12 months before filing, you can still apply.
We have seen confusion in the courts between bringing proceedings in Australia, or say Hong Kong or India? Carefully consider which jurisdiction you should bring proceedings in and where its better for you? We regularly advise international clients, and these are issues that 99% of family lawyers are unable to properly deal with.
Practical Legal Expert Tips – Jaswinder (Jas) Sekhon; Principal Goldman Law
For those who were married overseas, similar provisions apply. You can still apply for divorce in Australia provided you satisfy the eligibility requirements, which include being separated for at least one year with no prospect of reconciliation and meeting certain citizenship requirements.
Importantly, if your marriage certificate is in a language other than English, you’ll need to have it translated by a certified translator. Once your documents are properly prepared, you can file them via the Commonwealth Courts Portal.
Australia recognises international divorce orders, subject to certain conditions. However, Sekhon warns that proceeding with a divorce in a foreign jurisdiction could impact property settlement and parenting matters. As such, speaking with a top international family lawyer beforehand is highly advisable.
Divorce can be an emotionally draining and complex process, but understanding the legal requirements can help make it more manageable. Jaswinder Sekhon’s expert advice aims to demystify this process, simplifying it for those navigating the choppy waters of divorce. However, as each case is unique, seeking tailored legal advice is always recommended.
With expertise, patience, and compassion, Jaswinder (Jas) Sekhon and the team of Senior lawyers at Goldman Law stand ready to guide you through the intricacies of divorce under Australian or International law, advocating for your rights and interests every step of the way.
Based on recent statistics, the divorce rate in Australia has been steadily decreasing over the past decade. According to the latest report by the Australian Bureau of Statistics, the national divorce rate was recorded at 2.0 divorces per 1,000 estimated resident population.
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Home » Archives for Jaswinder (Jas) Sekhon » Page 17
Expert Legal Information
In the complex world of divorce proceedings, understanding the legal landscape is critical. This article, offering insights and guidance from Jaswinder (Jas) Sekhon – a Principal at Goldman Lawyers and a recognized expert in family law – aims to demystify the process of divorce under Australian law.
With deep local and international expertise for over 30 years.
Growing and protecting successful individuals, family offices and business.
Experience & trust built through sheer hard work
Complex or high value matters may be public or involve global structures and the valuation of special business and family assets.
Where the asset pool involves business activities, international assets or a large asset pool, we are the go-to team for success in resolving HNW family matters.
Bring the worlds best financial expertise in law to the family law space, the support of our tenacious litigation success means that we have all of the expertise and tools for complex, international or sensitive matters in family law.
With deep local and international expertise for over 30 years.
Growing and protecting successful individuals, family offices and business.
Experience & trust built through sheer hard work
Complex or high value matters may be public or involve global structures and the valuation of special business and family assets.
Where the asset pool involves business activities, international assets or a large asset pool, we are the go-to team for success in resolving HNW family matters.
Bring the worlds best financial expertise in law to the family law space, the support of our tenacious litigation success means that we have all of the expertise and tools for complex, international or sensitive matters in family law.
In our view, the evolution of the Australian Family Law Court has been largely schizophrenic from struggling with alternative dispute resolution systems saddled an outdated view that there are no winners when relationships are broken down? This is reflected in the fact that costs are really awarded and if one party loses or is in contempt of court. Judges are powerless to a large extent.
The fact that only 16% of the cases lodged will make it to a final trial shows the high attrition rate. A case can typically last for many years. It is emotionally draining and costly. The other side may make allegations which are emotionally distressing and may not reflect what actually happened in the relationship. Children are also treated as weapons by some parties.
However, we only take on family law cases to win them. Clients must be prepared to be ruthless in adopting the agreed strategy and always look to place as much pressure on the other side as is possible, with a view to achieving the most favourable settlement as early as possible. Firms that adopt a softly softly approach only elongate the inevitable in our view.
The alternative, to avoid the court system, we strongly advise our clients to use BFA’s as much as possible to avoid financial disputes later. Parties are also encouraged to have an agreed parenting plan or consent orders.
We don’t have a softly softly approach and seek to intensively progress all family law matters to ensure that a quick and advantageous settlement is obtained many lawyers drag on matters to “milk” clients rather than seeking an intense and quick approach.
Where the matter is sensitive, then we adopt a different strategy. Strategy and execution is how you win in family law.
Ask These Question:-
All clients must ask at least these four questions of their lawyer/law firm.
There are some great lawyers and great law firms in Australia that you can engage.
There are also some average lawyers and some lawyers were simply overworked to put it at its best.
As humans, we cannot be good at everything and there are some things that we are not good at.
However, winning your family law matter requires strategy, planning and a cost effective evaluation of likely outcomes. In our view, not enough attention is provided to the right strategy.
Talk to us about the strategy we will have in place which is agreed only after you have evaluated the different approaches and alternatives as a informed choice!
This defines our legal culture and approach to every client.
We welcome you to discuss our suggested approach and strategy and compare this with the approach of our competitors.
The rates are our top senior lawyers range from $550 to $750 per hour excluding GST. Yes we charge more than your typical family law frm and do so without apology.
Our senior lawyers must have had at least 10 years of family law experience in running matters. There is very little that we have not dealt with, from small but complex matters, legal aid panels, protective custody and disputes between states and the federal government, the kidnapping of children, complex financial matters, money laundering, cash businesses, domestic violence, multijurisdictional cases and the list goes on.
Our senior lawyers will personally handle your matter and we are simply too busy to stretch out your matter and to be effective at these higher charge rates, we must be quick, decisive and work to an agreed strategy. We know what is not important and we know what to cut out. We know where the cases are heading and do not like to drag them on. Even though our initial rates are higher, the eventual outcome will cost less and we are successful in achieving a better outcome. We use technology and automation
For those who cannot afford to retain us for the whole matter, we offer a pay as you go or guided self-help basis. This is a unique offering and allows you to users for selected aspects of your matter. Recall that we said we know what to cut out, we know what you can do yourself as well without having to pay for a lawyer to assist you unless it’s absolutely necessary.
If you do the simple work with our help, use us for the more difficult parts, then save more than 50% in legal professional fees.
If we are able to assist you, then we offer a without charge consultation to discuss legal strategy in your matter.
Don’t be fooled by lawyers offering free first consultations as these lawyers cannot provide legal advice unless you retain them. It is illegal to so do. What is being done is roping in your enquiry into the marketing system.
We do not wish to waste your time and only wish to deal with clients with whom we think we can add value to their legal matter. Therefore if you take the time to book a strategy discussion with one of our senior lawyers and it is a practice area in which we act, we would be delighted to have a without obligation, free of charge discussion with the senior lawyer that will usually handle your matter if you choose to engage us.
Lawyers do not provide free lunches and there is no free lunch in any allegedly free first consultation.
We are driven by innovation and entrepreneurship in the provision of legal services and many of our senior lawyers have run many other businesses. We understand successful clients and we understand those that want to win at any cost. This implies a mutual commitment from the client and the lawyer. Successful clients need successful lawyers. High net worth clients need high net worth friendly lawyers. Driven clients need driven lawyers. Commercial clients need commercially savvy lawyers.
It is our depth of experience across many complex commercial and international matters that allow us every possible solution and strategy to the table.
Yes. We believe in aligning lawyers to the needs of clients and if you do not get on for some reason with your senior lawyer, we will propose an alternative.
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Our team of Senior lawyers have 10 yrs+ minimum law expertise. We know what we are doing.
We offer fixed fees, payment plans and transparent up-front full fees, cost estimates.
Our expert support team ensures each Senior lawyer’s work load is efficient & commercial.
Our expert Senior lawyers explore all commercial options. Court is a last resort when required.
Our expert Senior lawyers relish what is complex to other law firms and love global matters.