The Undesirability of Appeals in the Family Court
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been
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Sometimes our work as Family Lawyers is misunderstood and some clients want us to advise them about what assets they should take and how they should use those assets after they have separated.
As Family Lawyers, working in the area of relationship breakdown it is natural that people want us to provide that advice; unfortunately, we do not provide that advice as we are simply not able to legally, nor are we qualified to provide important financial planning advice about what happens after separation.
The Family Lawyer’s role is to provide advice to clients about what the law says concerning children, spousal maintenance/child support, and dividing up property in the event of a breakdown in the relationship. This advice may involve specific advice about percentage entitlements of each party in a property settlement and about how much money one party may pay the other.
However, that advice can never extent to recommending to a client what type of asset should they retain and how should they spend their money when they separate.
That is why we recommend all of our clients to seek appropriate advice from a qualified Financial Advisor at an early stage after their separation. In our experience, a good Financial Advisor will be able to assist our clients in moving on after separation and planning and answering many financial questions such as:-
Often, separating couples have already had good financial advice but unfortunately that all changes drastically when one separates.
A good Family Lawyer will always educate their clients about the difference between the advice that they can give and the advice that is best given by other people such as Financial Advisors.
The Family Lawyer’s role is to provide advice to clients about what the law says concerning children, spousal maintenance/child support, and dividing up property in the event of a breakdown in the relationship. This advice may involve specific advice about percentage entitlements of each party in a property settlement and about how much money one party may pay the other.
However, that advice can never extent to recommending to a client what type of asset should they retain and how should they spend their money when they separate.
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been
It is probably commonsense and goes without saying, but in so many matters we have clients present to us in
The Family Law Amendment Bill 2023 (Cth) which was passed on 19 October 2023 will result in significant changes to
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