The Blog

Just and Equitable Property Division in Family Law Matters   In Teal & Teal [2010] FamCAFC 120 at [70], the Full Court said: By implication however s 79(2) requires if the Court is to make an order under s 79(1) altering the interests of the parties to the marriage in property, such an order must be just and equitable. This … Read More

Unacceptable Risk We are often asked by parents “When does a Court order that a parent spend no time with a child?” In all parenting matters, the Court must consider the best interest of the child or children. This includes a consideration of a myriad of things including the considerations as listed under section 60CC of the Family Law Act … Read More

Divorce Lawyers Why choose Claire Naidu & Co, Lawyers and Mediators to be your divorce / family law lawyers? We have an excellent reputation. We have a strong track record. We are experienced in and specialise in divorce and family law matters including custody disputes and property settlements. We can put on our mediator hats and resolve disputes. We can put on our … Read More

I have a Will, so now what? Once you have signed a will important things to consider include where to store your will, who to tell about your will and when to update your will. Here are some helpful points to remember. Where to store you will? Once your will is signed it is important to store your will in … Read More

School Holiday Contact Orders School holidays are a great time to spend more time with your children then you otherwise normally would.  Holidays arrangements can be agreed between those with parental responsibility (usually the parents) and no agreement can be reached, lawyers, mediators, and the courts can assist the parties. We recommend sorting out school holiday arrangements as far as … Read More

Making a Will There are many life events in which you should consider updating your Will or doing a Will (if you have never done one before).  Two of these life events include marriage and separation or divorce. If you have recently married or recently separated, you should consider preparing a new Will as your old one may be no … Read More

Choosing a lawyer can be a difficult process – particularly if you do not know anyone in the industry or if you do not know anyone who has been through a divorce or family law matter and you have no one you trust to ask for a good referral. So how do you know that you made the right decision? Think … Read More

Want to progress your family law / divorce matter? Even if you are going through a divorce, property settlement or child custody negotiations, you can move forward and progress your matter.  This can sometimes be a little daunting, especially if there has been long periods of inactivity and times when you feel that nothing is happening.  You can move forward … Read More

DIY Consent Orders Are you separating and wanting to do your own consent orders? It is possible to DIY consent orders in divorce / family law matters matters (for property settlements and/or parenting / custody matters)  and you can file the documents yourself in the Family Law Courts (which refers to the family law courts being both the Federal Circuit … Read More

DIVORCE MEDIATION What is Divorce Mediation? Mediation is a form of dispute resolution. It is an option if you do not want to go to court but want to sort out your divorce matters (including property and child custody matters). It is also an option if you are already in court but do not want to keep going through court … Read More

Bankruptcy and Family Law The general principle in family law is that the debts incurred by one of both of the parties to a relationship should be included in the overall asset and liability pool at time of separation. However, if you are involved in circumstances where either you or your partner are facing bankruptcy, we recommend you obtain legal … Read More

What do I have to Disclose in my Family Law Matter? In family law, there is a duty of disclosure to provide to the other party in a matter and to the Court, information about your financial circumstances and any documents that are relevant to the matter. Full and frank disclosure often requires you to provide all the following types … Read More

What happens to Inheritance Money? One question that often comes up in family law matters is: What happens if I received an inheritance during the relationship or post separation? We are often asked if you can “get it back” when dividing the assets. The short answer is maybe. It depends on a number of factors including: 1. When you received … Read More

There is more than way to divorce. As there are different relationships, so too are there different divorces. You can choose which type of divorce you would like to have. If the divorce process is turning out pretty bad, sometimes it can be easy to blame the other party, but think of the saying “It takes two to tango”. You … Read More

Need assistance in getting the information ? If you do not have the information you need, we can assist you to make requests for documents and information, including requesting the issue of a subpoena and Freedom of Information Requests (FOI). You have rights under the Freedom of Information Act 1982 (FOI Act) and other FOI acts to obtain access to … Read More

  MARRIAGES The crude marriage rate in Australia increased from 5.1 to 5.2% in the years 2013 to 2014. Interestingly, civil celebrants have overseen the majority of marriages and this has been the case since about 1999 in Australia. The current median age at marriage is 31.5 years for males and 29.6 years for females.   DIVORCES The crude divorce … Read More