In Australia, couples must be separated for a period greater than twelve months before being granted the ability to file for divorce. In most cases, separation is easy to define – when a couple first begins living separately, however, in some cases, couples choose to remain living in the same house even after separation, in which case it makes it harder to prove that their relationship is beyond the point of repair. This is referred to as separation under one roof.

Separating under one roof is a common choice for couples. There are a wide variety of reasons why this option may seem the most appealing to them. A primary factor is financial reasons, where one spouse may not have enough money to support themselves or buy their own home, especially considering increasing house prices. Many separating couples could also jointly own their hone and not want to give it up. Additionally, many see it as the best option from a parenting perspective, so that they can raise their kids in an easier, more family-like environment.

When investigating whether two people are separated, even if they live together, courts will consider several factors that are indictive of their separation including their financial aspects, social aspects, sleeping arrangements and intimacy levels. Regarding finances, it is recommended that separated couples living together separate their finances. This shows a lack of interdependence in the relationship. This could involve separating joint bank accounts, removing one another as beneficiaries in a will, superannuation, and bill payments. Another indicator is the social aspect in the couple’s lives. This regards whether they still present themselves as a couple to institutions and looks like whether they continue to attend events together, celebrate festivals together and whether they tell their friends and family about their situation. It is also expected that couples that are separated under one roof sleep in separate rooms and are not intimate with one another.

These factors all must be evident in affidavit statements from both parties. This document must show a clear shift in the nature of the relationship by portraying the above requirements.

Separating under one roof remains to be a common option for many newly separated couples, however, can often be hard to prove. It is crucial for spouses to be able to totally prove their financial, social, and intimate separation in such cases.

If you or someone you know wish to to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

Marriage is commonly thought to be the union of two people who are so deeply in love and wish to spend the rest of their lives together. Over the past few years, there has been an evident change in the fundamentals that constitute a marriage, however one major factor has always tended to remain the same; the love shared between the people getting married. This age-old notion, however, is being challenged with the recent growth in popularity of platonic marriages.

Platonic marriages centres around the idea of companionship - two parties who wish to come together as life partners, sharing an immense love and respect for one another that is not romantic and free from any sexual intimacy. A New York Times article explains that:

“Couples in this type of arrangement often find compatibility and understand each other well, while also agreeing to the guidelines [of marriage] without being blinded by romantic feelings.”

So, why would someone choose to partake in this type of union instead of a traditional one? For some, it provides a level of stability and trust in their lives, that they have yet failed to receive in other romantic relationships. This means that they can enjoy the romantic freedom of someone who is single, yet still have a life partner to fall back on, raise a family with and grow old with. It also poses many practical benefits, particularly posing an alternative to couples who wish to remain with one another yet have fallen out of love. Additionally, it appears more appealing to many asexual, pansexual, aromantic and some polyamorous couples who find kinship and companionship more appealing than a traditional romantically fuelled marriage.

However, many people remain reluctant in accepting the concept. In a recent survey by the US National Health and Social Life agency reported that 2% of married couples have not been intimate over a year – technically classifying them as platonic. The real percentage, however, remains unknown, which is a major indicator that this form of marriage is not beneficial. A large number of people also believe that platonic marriages are unethical and considered as a ’sham marriage’ since technically, people who consider themselves ‘just friends’ should not get married.

Though this remains a growing point of conversation between those who invite this new form of marriage and those that prefer to stick to the traditional way, it has not stopped thousands of people globally who are in platonic relationships get married, against the will of many in our society.

If you or someone you know wish to to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

 

This week I attended work experience at Freedman and Gopalan Solicitors. Coming into the week, I was quite nervous and was not sure what to expect, but my worries were quickly taken away when I was welcomed warmly by all staff who were so kind and accommodating towards me.

Throughout the four days, I engaged in a variety of different tasks, all of which helped me to gain a clearer understanding of what life was like as a lawyer. On my first day, I was tasked with writing a chronology on an ongoing case file. Though it seemed overwhelming at the start, I eventually got the hang of it. It was really interesting to read over the affidavits on the case and understand some of the legal processes needed when taking a case to court. Additionally, in researching chronologies, I was able to learn about the different types of documents needed in legal matters, and how they must be presented.

Also on the first day, I was given the incredible opportunity to sit in on a few meetings and consultations. This was very interesting to listen to. I really enjoyed understanding how the first consultations started, what kind of questions to ask and how to interact with different types of clients. This continued throughout the week and helped me gain a clearer understanding of different legal terminology and types of cases in family law. I also wrote a few articles on various current affairs during the course of the week. These were interesting to read and write about and broadened my understanding of various current legal matters and general knowledge. I was also able to engage in an adoption case by looking over and editing various documentation and affidavits, which I thought was fascinating. I also was able to participate in some administration work such as scanning, destroying, and archiving different files.

Before the week started, I was considering going into law as a potential career option, and now I am surer than ever that this is what I want to do. This experience has been incredibly fulfilling and fascinating and I am very grateful to have had such an opportunity.

If you or someone you know wish to to discuss any legal issues, then please do not hesitate to contact us on 02 8999 9809.

A Power of Attorney is a legal document that appoints a person (or people) as the attorney-in-fact and gives the power to act for another person. The Attorney then manages the assets and makes financial and legal decisions on behalf of the person who cannot do so themselves.

2 Types of Power of Attorney

Why do you need a Power of Attorney?

At any time because of illness, injury, or disability, there is a chance that you will suffer from temporary or permanent loss of capacity. A Power of Attorney that is executed reduces the risk of having a court or tribunal appointed person manage your finances.

Who should I choose as my attorney?

An attorney must be 18 years old and have capacity to make relevant decisions. Your attorney can be a:

What can a Power of Attorney do?

A Power of Attorney can be used for almost any financial purpose including:

In NSW an attorney can only make financial and legal decisions. For someone to make healthcare, lifestyle, and medical decisions you can appoint an Enduring Guardian.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

There is a common misconception about age being a significant factor when deciding the custody of a child. Surprisingly, age is not as important as one might think. There is no fixed age for when a child can decide which parent to live with during a family dispute. In most cases, there are no opportunities where the child will be the prime assessor in their parental concerns. Instead, only their views are considered amongst other practical factors by the Federal Circuit and Family Court of Australia.

There are two primary considerations that the court will favour when it comes to deciding the custody of a child:

However, under section 60CC(3)(a) of the Family Law Act 1975, it is noted that additional considerations may be any views expressed by the child and factors (such as the child’s maturity or level of understanding). It is important to recognise that the word “wishes” was replaced with the word “views” in 2006 to acknowledge that a child may not be able to boldly express who they want to live with. The word “views” was implemented with intention to capture a child’s perception, perspective, and feelings rather than a single decision.

Other considerations include the nature of the parent’s relationship with the child (including grandparents), the parent’s willingness to encourage the child’s relationship with the other parent and the capacity in which the parent can facilitate for the child’s needs. Moreover, it is not mandatory for the child to express their views if they are unwilling. Any attempts to extract or force their thoughts will regarded to be invalid as coercive behaviour was used to influence the child.

For example, if an eight-year-old is portraying elevated levels of maturity and understanding of the conflict between their parents then the court may place substantial weight on their views. Similarly, if a fourteen-year-old prefers to live with one parent due to bias of money and lack of discipline rather than their better interest with the current primary carer, the court may assess the child to be lacking maturity and stress their views less.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

 

What is Polygamy?

Polygamy involves the practice in which a spouse of either sex can have more than one spouse at a time.

Legality of Polygamy in Australia

Polygamy is illegal in Australia, and this act may not be performed in Australia. A person who marries another, knowing that their previous marriage still subsists will commit an act of bigamy under section 94 of the Marriage Act 1961. The penalty for this offence can be imprisonment of up to 5 years.

In Australia, marriage is defined in the Marriage (Definitions and Religious Freedoms) Act 2017 (Cth) as the union of a man and woman, to the exclusion of all others, voluntarily entered into for life.

Opinions on Polygamy in Australia

Opponents of polygamy highlight the harmful nature it can have towards women. The common practice of polygyny rather than polyandry undermines women’s rights and furthers the gap of gender inequality.

However, proponents for polygamy argue that in circumstances, it may create honesty and transparency in relationships. In 2013, the ‘Polyamory Action Lobby’ submitted a petition to federal parliament, arguing that the illegality of polygamy acts as a “barrier to love”.

Defences to Bigamy

If you think you have committed bigamy, you may be found not guilty if you can prove:

    1. A mistake of fact occurred
    2. Your spouse had disappeared, and you have reasonable believe that they were deceased
    3. Your spouse has been missing for at least 7 years and you had no reason to believe they were alive

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

Decisions that will impact the course of your entire life are no easy feat. They require extensive thinking, the making of hundreds of pros-and-cons lists and countless conversations. When it comes to making a decision about a career path many teenagers are left with an uncomfortable sense of anxiety. “What if I choose a field that I won’t enjoy later?” “What is corporate life like?” is echoed through the halls of high school every single day. Law has always been a pathway that interested me, so being able to complete Work Experience with Freedman & Gopalan has been an important milestone in the process of career selection.

Throughout the four days I spent working with the kind and patient staff of Freedman & Gopalan, I completed tasks such as archiving, writing articles, organizing files and creating chronologies. These tasks, while they seem mundane, were quite eye-opening to what working as a Solicitor is like. You can’t expect every week and every day to be filled with non-stop exciting work.

While I can’t guarantee that I will end up as a Lawyer in the future, I can certainly thank the staff at Freedman & Gopalan for being generous enough to show me the process of what working in a law firm looks like. The staff at the firm are some of the nicest people I’ve met, and their exceptional professionalism only increased my aspirations to become a Lawyer. Specifically, I want to thank Jasmine for being so tolerant with me and helping me understand each task I undertook.

The decision-making process of career selection is nerve-wracking and clouded with doubts. Whether it is one point added to the pros-column of a list, or the last argument needed to make the final decision – every piece of knowledge about a profession counts. So, a big thank you to the staff of Freedman & Gopalan for the wonderful educational week of Work-Experience!

If you or someone you know wish to gain some work experience at a law firm, then please do not hesitate to contact us on 02 8999 9809.

What is a court-ordered paternity test?

A court-ordered paternity test is a DNA test initiated by the Family Court. They can be initiated due to reasonable doubt about the child’s paternity, or by you applying to the Family Court or Federal Circuit Court.

The purpose is to help settle a child support dispute, determine the paternity of the child in parenting proceedings or any birth certificate dilemmas.

The law on paternity-testing

It may be useful to know that the court can order a paternity test on its own initiative, or upon your request. Section 69W(b) of the Family Law Act 1975 states that a court can make a parentage testing order, on the application of a party.

The Family Law Act 1975 also lays out the presumptions of parentage. Without DNA results, the presumption is that you are a parent of the child if you satisfy the elements list Section 69.

Process of getting a paternity test and the costs involved

The court order will allow you, the other parent and the child to attend a laboratory for DNA testing and collection. The two options available are peace of mind testing or DNA typing. Peace of mind testing involves self-sampling and ranges in price from approximately $150.00 - $200.00. DNA typing is more accredited, however, may cost you from $600.00 - $900.00. It is best to consult our experienced family lawyers who can help you explore your options.

 

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

Collating Documents

However daunting and tedious, collating documents is the best place to start to help with the rest of the divorce process. Lawyers will require you to provide your marriage and children’s birth certificates, bank account statements, investment statements, loan and mortgage statements and superannuation statements. Other miscellaneous provisions such as insurance policies, tax records, utility bills, property documents and government benefit documents may need to be collected as well.

Dividing assets and caring for children

It is incredibly important to take time to make important decisions. Making a list of the assets you both own and liabilities can make it easier for you to divide your assets. Similarly, time should be taken on how to care for your children. If you are unable to agree on appropriate parenting arrangements following separation, you should seek a qualified Family Dispute Resolution (FDR) practitioner. You should also contact Services Australia to seek more information about the amount of child support payable in particular circumstances, and the benefits that can be claimed for by separated parents.

Domestic Violence

Some divorces may occur due to violence. To protect yourself and your family, call 000 if you are in danger or to retrieve an Apprehended Domestic Violence Order (ADVO) against your partner.

Work out what happens to your income and expenses after divorce

If you pay a mortgage, make sure to speak to your lender and let them know that you are separated. They may allow you to make an application for financial hardship, which reduces mortgage payments to interest only.

Prepare a budget that does not involve your partner, and work out your income and expenses. You can also contact Services Australia to see if you can apply for government financial assistance. You should speak to a family lawyer regarding spousal maintenance, and their obligation to support you financially following the separation. Consulting a family lawyer at our firm can help you formulate a clear plan and understanding of the procedures, reducing stress and ensuring the best outcome for your family.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

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