Family Law

How de facto property claims work in NSW

At One Law, we are committed to delivering outstanding legal services and achieving favorable outcomes for our clients. Our client Mark*, found himself facing a challenging legal situation. He was subjected to a de facto property claim by a former partner, who was seeking a substantial property adjustment of over $750,000, along with spousal maintenance. She claimed that they had been in a de facto relationship and therefore had legal grounds for such claims.

Mark* turned to One Law for legal representation and we took immediate action to protect his interests. We carefully examined the facts of the case and crafted a robust defense strategy. We argued that there was no de facto relationship between Mark* and his former partner. Alternatively, we contended that if the Court did find a de facto relationship, it was for a period of less than two years. Under the Family Law Act and based on various other legal reasons, we asserted that she was not entitled to a property claim.

Our dedicated legal team presented Mark’s* case before the Court, tirelessly advocating for his rights and interests. We meticulously demonstrated that the applicant did not meet the threshold requirements for a property claim under the Family Law Act.

As a result of our unwavering efforts and strong legal arguments, the Court concluded that, indeed, a de facto relationship existed but for a duration of less than two years. Consequently, the applicant’s claim was dismissed, and Mark* was not required to make any property adjustment or spousal maintenance payments.

This matter exemplifies our commitment to delivering effective legal solutions and securing favorable outcomes for our clients. We are dedicated to protecting our clients’ rights, whether they are facing complex family law matters or any other legal challenges.

If you or someone you know are experiencing a similar situation, call us on 02 9119 2232. We’re here to provide expert guidance, strong representation and a commitment to achieving the best possible results for you. Trust One Law to stand by your side in your legal journey!

*Name in the article has been changed to protect the privacy of our client.

Family law matters involving children are often complex, overwhelming and emotional. One Law recently represented a father in a case that involved varying final orders to protect the welfare of his young child.

The parties involved had final orders in place since 2019, which allowed for equal time arrangements between the father, the mother, and the child. However, due to growing concerns about the child’s well-being in the mother’s care, the father sought to vary these final orders.

The decision to recommence proceedings was not taken lightly. According to the rules published in the landmark case of Rice & Asplund (1979), final orders can only be varied if there is a significant change in circumstances that warrants a review. In this case, the father had substantial concerns about many things such as, the child being subject to psychological harm in the mothers care, the mothers attitude and lack of care toward the child and the child being exposed to family violence.

The family law team at One Law represented the father at an interim hearing. The objective was to temporarily suspend the existing final orders and reduce the time the child spent with the mother. The Court was satisfied the final orders needed to be varied and agreed with the risks presented to the child. In his judgment, the Senior Judicial Registrar noted:

1. That the child was at risk and exposed to family violence in the Mother’s care;
2. That the mother posed a risk of harm to the child’s psychological wellbeing;
3. That the mother’s attitude towards the wellbeing of the child was concerning; and
4. That the mother failed to adequately address the risk concerns to the child’s physical and psychological wellbeing.

The matter is listed in mid-2024 for a final hearing. One Law will be arguing the Final Order needs to be varied and the mothers time needs to be reduced in a manner that does not expose the child to family violence and significant psychological harm in the mother’s care.

This case serves as a reminder that the child’s best interest is the paramount consideration in family law matters. It also highlights the importance of legal representation in navigating the complex landscape of family law, especially when it comes to varying final orders.

If you find yourself in a similar situation and need legal advice, call us on 02 9119 2232 or jump on https://onelaw.com.au/contact-us/#form and we’ll contact you. Our team of experienced lawyers are here to help you navigate through these challenging times.

Types of parenting orders and how they are made

During a separation or divorce, one of the most important factors to consider is the safety and wellbeing of any children involved.

At One Law we work with you to ensure that the long-term effects of your separation have as little impact on your children as possible.

The first step is to participate in what is known as Family Dispute Resolution (FDR) . Here under the guidance of the team at One Law, you and your former partner have the opportunity to discuss and resolve all parenting and/or financial/property arrangements without going to court.

If you are unable to reach an agreement or unable to partake in FDR, then you will be issued with a section 60I certificate. This is what you need to go to Court to seek Parenting Orders.

Parenting Orders are a set of parenting arrangements that are made by a court. They set out and define the responsibilities of each parent in relation to the child/ren, and include factors such as:

• Who the child will live with
• The time a child is to spend with another person (often the other parent)
• The allocation of parental responsibility
• Communication between the child and the parents
• Any other aspect of the care, welfare or development of the child.

Parenting orders come with legal obligations for both parents, and there are penalties if the parenting order is broken without reasonable excuse. This can include:

• Changes to the parenting order
• Compulsory post separation parenting programs
• Compensation of expenses related to a breach of the parenting order
• Community service

And in more extreme circumstances the penalties can include fines and/or imprisonment.

Going to court for Parenting Orders can often be a costly and time-consuming experience. At One Law, we make every effort to avoid court where possible. If, however we must go to court, then our team of Family Lawyers will fight for a favourable outcome for you and any children involved.

Divorce is a stressful and emotional time for separating couples and often, prioritising the rights and wellbeing of the children involved can be challenging.

The first step to resolving the issue is for the separating parties to participate in Family Dispute Resolution (FDR) whereby every effort is made to resolve all parenting and/or financial/property arrangements without going to court.

If during FDR both parties can reach an agreement on these matters, they must then formalise the agreement making it binding. This is what is known as Court Orders by consent.

Consent Orders are the written agreements which set out the parenting arrangements agreed upon by the separating parties. They are then filed and approved by a court, and while you do not have to go to court to file Court Orders, they have the same legal effect as if they had been made by a judicial officer after a court hearing.

While it is best practice to start these proceedings as soon as possible, it is important to note that it must be filed within 12 months of a divorce or two years after the end of a de facto relationship.

With so much to consider, it’s important you speak to the team of family law professionals at One Law, who will guide you through the FDR process, and if necessary, file for the court orders on your behalf. Our team will explain your rights and responsibilities and fight to find a solution that works best for you and your family.

Making parenting arrangements after separation

Family Dispute Resolution (FDR) is the legal term for services (such as mediation), which help families going through a divorce or separation.

It is a compulsory step in the separation process, where both parties are asked to discuss issues relating to their children, any properties and finances.

It is however, the main objective of FDR to assist participants in making a parenting plan, which sets out the agreed arrangements for future parenting without going to court.

In most circumstances, children will not be included in FDR, minimising stress and emotional pressure on any children involved.

There are some exceptions to this however, which include child abuse, family violence and extremely urgent matters. The team at One Law will guide you through the process, and help you to understand your rights and responsibilities, and explain the law that applies to your case.

Enforcing breached parenting orders in court

After settling the matter for our client, and achieving final parenting Court Orders, the other party breached the final orders by deciding to withhold unsupervised time between our client and his child, without a valid reason. We urgently lodged a Contravention Application in the Federal Circuit Court against the other party and our client was successful in his Contravention Application and in proving that the other party did not have a reasonable excuse to withhold time between him and his child. Orders were made for immediate resumption of time in accordance with the final orders, makeup time for our client, as well as orders that the other party partake in a parenting after separation course together with entering into a good behaviour bond for 2 years, as a result of her contraventions. Our client was overjoyed to resume time with his child after 6 months of restricted time.

How the De Facto property settlement was negotiated

De facto separations can often bring about challenging times where one partner makes a decision that has a profoundly negative impact on the other. This was the case with our client Scott who came to us seeking legal advice after he found out his partner was trying to hide the fact that she was going to receive a significant inheritance from her late mother’s estate.
After careful scrutiny, seeking further disclosure about the inheritance and issuing relevant subpoenas, the other party agreed to our offer of settlement. This offer detailed that Tony would keep the former matrimonial home and for her to receive a small payout, on the basis that Tony knew she would land her inheritance in a short time.

Tony, who was already suffering from a work injury and financial burden, was provided a great deal of relief due to the family law settlement we achieved for him, in that he did not have to lose his home.

If you’re experiencing a breakup or divorce, it’s best to speak to the team at One Law today to discuss your options and entitlements.

How a fair property settlement was negotiated

Not all separations go smoothly the first-time round. This was the case with Tony after he tried to reach an agreement privately with his wife, without first receiving legal advice. Tony’s ex-wife was legally represented during the initial discussion. Soon after the application was filed in the Family Court, it was rejected on the basis that the deal seemed unfair to the husband and also due to the fact that he did not receive legal advice before signing the agreement.

It was then that Tony came to see the family law team at One Law and in a short time, we were able to negotiate a fairer deal, which resulted in him walking away with double the property settlement sum that he was previously offered.

Often in circumstances like Tony’s, you may not always know what you might be entitled to in a property settlement. It’s always recommended to obtain legal advice before entering into negotiations so you know with certainty where you stand.

The team at One Law can assist with negotiations and settlement discussions to make sure you achieve a great result. Call us today on freecall 1800 663 529 to find out more.

Why full financial disclosure matters in family law

It is often the case in many partnerships, where one partner is more actively involved in managing the family’s finances. In this particular instance, we acted on behalf of Melissa, whose ex-husband was managing the finances of their marriage, giving him most of the financial decision-making power.

Through the process of disclosure, properties previously not known to Melissa were uncovered, and we also became aware that her ex-husband had also been receiving significant amounts of rent from these properties, unbeknown to Melissa.

We acted quickly and applied for a spousal maintenance order for Melissa, who was suffering a huge amount of financial stress as a result of debts that had also been racked up. We succeeded in obtaining such an order, giving Melissa much needed financial support for herself and the children.

Your options when a child is relocated without consent

Michael came to us after his ex-wife had taken their one-year old daughter to Melbourne. She refused to return to Sydney, leaving Michael distressed and upset at the prospect of not seeing his daughter again.

In this instance, we filed an urgent application to the court to get orders for his ex-wife’s immediate return to Sydney, and our team succeeded at the first urgent hearing before a Judge.

Our team lawyers then succeeded at the next hearing in getting orders for the wife to remain in Sydney with the child. This meant that Michael was able to see his daughter regularly and continue to build a relationship with her.

Relocation matters can be complicated, but our team was able to draw on their expertise and act quickly to achieve a favourable result for Michael and his daughter.

If you find yourself in a similar situation, the team at One Law can help. Call us to find out more.

Every family living situation is different, and in one such situation, we acted for a client who was financially dependent on their partner throughout their marriage. Anna was a stay at home mum of two, while her partner worked, and at the time of separation, her partner left their matrimonial home to move in with their new spouse, leaving Anna to care for their 2 children alone.

Following the separation, Anna’s ex-partner failed to adequately support her and the children, leaving Anna in a tough predicament, as not only had to raise the children alone, but she didn’t have the immediate skills required to return to work.

The team at One Law was able to achieve a favourable property settlement for Anna without having to go to Court and by arranging a mediation at our office. We argued her the ex-partner had a duty under the Family Law Act to financially maintain our client and the children as Anna did not have the same earning capacity as her ex-partner.

As she left to bear the costs of raising the children, which included one child who had an illness, we needed to ensure she could also afford whatever was necessary for that child’s needs.

We successfully negotiated a win for Anna, whereby she received 67% of the proceeds once the home was sold. Our team was able to prepare the mediation well, and achieved an excellent result for our client while saving court costs by reaching a resolution quickly.

If your family living situation has changed, it’s best to seek legal advice from the team at One Law, who can guide you through your legal rights and entitlements.