The Divorce Collective: Recent Episodes
Caralee Fontenele
Tune in as Director of Collective Family Law Group, Caralee Fontenele guides you through your separation and divorce by sharing strategies and tips to help you move on faster. Having helped thousands of people through divorce and also drawing on her own experience, Caralee shares her expertise in 6-minute, easy to listen to bursts to help you navigate separation.
Caralee is the Director of Collective Family Law Group which is a Family Law Practice based in Australia that focuses on making this transition as easy as possible for people going through the various stages of separation and divorce. The team is group of passionate and committed family lawyers helping clients find effective and efficient solutions to resolve their family law matters, and helping them move to a brighter future. These services include full family law services, fixed fee services and online solutions with their new program Resolve.
Tune on in to the weekly podcast or head over to collectivefamilylaw.com.au to find helpful resources.
What Can Go Wrong When Hiding Assets in a Divorce?
Trying to hide assets during a divorce can have serious legal and financial consequences. In this episode, we explain the duty of full and frank disclosure, the ways hidden assets may be uncovered, and what the Court can do when a party fails to disclose property, income, companies, trusts, bank accounts or other financial interests.
We also discuss adverse findings, costs orders, changes to the property settlement, orders being set aside, and the risk of penalties for giving false or misleading evidence.
This episode provides general information only and is not a substitute for legal advice about your individual circumstances.
Reach out to our legal team at Collective Family Law.
Can I Relocate After Separation?
Relocating after separation can have significant legal consequences, particularly where children are involved. In this episode, we discuss whether a parent can move to another suburb, city, state or country after separation, and when the other parent’s agreement or a court order may be required.
We explain how relocation decisions are assessed, the importance of the child’s best interests, the impact on existing parenting arrangements, and what can happen if a parent relocates without consent. We also cover urgent applications, recovery orders and the practical steps to take before proposing a move.
This episode provides general information only and is not a substitute for legal advice about your individual circumstances.
🎙️ New Podcast Episode | Separation vs Divorce in Australia
This week, we unpack a topic that is often misunderstood and can have serious legal consequences:
Separation vs divorce in Australia — what’s the difference, and why does it matter?
While these terms are commonly used interchangeably, they mean very different things under Australian family law. Misunderstanding the distinction can impact your finances, parenting arrangements, legal rights, and future decisions.
In this episode, Dannielle breaks down:
• What separation really means (and why it doesn’t require paperwork)
• How separation can occur even while living under the same roof
• Why the separation date is legally significant
• What divorce does and what it does not cover
• Australia’s no-fault divorce system
• The requirement of 12 months and one day of separation
• Common misconceptions about property settlements and parenting
• Critical legal time limits for married and de facto relationships
• Why rushing a divorce isn’t always necessary
• The importance of early legal advice and mediation
You’ll learn why separation marks the end of a relationship, while divorce is simply the formal legal end of a marriage and why waiting until divorce to address property or parenting matters can sometimes put you at risk.
Whether you’re separated, considering divorce, in a de facto relationship, or simply seeking clarity, this episode provides clear, practical legal information without the jargon.
🎧🎥 Listen now and stay informed.
FamilyLawAustralia #SeparationVsDivorce #AustralianDivorce #FamilyLawPodcast #LegalEducation #ParentingAfterSeparation #PropertySettlement #DeFactoRelationships #NoFaultDivorce #DannielleYoung
Do de facto couples have the same legal rights as married couples in Australia?
It’s one of the most common questions people ask when separating — and one of the biggest myths in family law.
In this episode of The Divorce Collective Podcast, Dannielle Young explains:
• What legally defines a de facto relationship
• Whether de facto couples can access property settlement, superannuation splitting, and spousal maintenance
• The key requirements that must be met
• Why parenting and children’s matters are treated the same regardless of relationship status
• The crucial 2-year time limit de facto couples must know after separation
If you’re in or leaving a de facto relationship, this episode will help you understand your rights and avoid costly mistakes.
🎙 Listen to the full episode now on Buzzsprout
DivorceCollectivePodcast
Buzzsprout
NewEpisode
FamilyLawAustralia
DeFactoCouples
PropertySettlement
SpousalMaintenance
ParentingArrangements
When families go through separation or major change, children often feel it long before they can express it. Their emotions show up in behaviours not sentences and for many parents, this can be confusing, overwhelming, or even heartbreaking.
In this episode, Dannielle Young,breaks down the emotional realities children face during parental separation and offers supportive, practical guidance for families navigating this transition.
Dannielle shares real examples from her work with families, discussing how different age groups respond to change and what signs of separation anxiety may look like at each childhood stage. From toddlers suddenly becoming clingy, to primary-aged children experiencing physical symptoms like headaches or tummy aches, to teens withdrawing or feeling pressured to take sides — these behaviours have meaning.
💛 In this episode, you’ll learn:
- How separation anxiety can vary based on age and developmental stage
- The common emotional and behavioural signs parents should be aware of
- Why children absorb the emotional atmosphere between parents, even when nothing is said
- How predictable routines help rebuild feelings of safety and consistency
- Age-appropriate ways to talk to children about changes in the family structure
- Simple rituals that make transitions between homes calmer and more secure
- How to model healthy emotional regulation (even when you’re struggling too)
- When it's time to seek external support such as counselling, support groups, or school wellbeing teams
- How mediation and a clear parenting plan can reduce stress and provide stability for children
This episode is here to remind parents that children don’t need perfection — they need presence, reassurance, and stability. Dannielle offers compassionate, practical tools to help you navigate this chapter with confidence and care.
If you’re currently going through separation or adjusting to co-parenting life, this conversation offers guidance, understanding, and hope.
💬 If this episode supported you, please follow, share, or leave a review to help more families access resources during difficult transitions.
In this episode, Dannielle Young, Head of Family Law at Collective Family Law Group and Family Dispute Resolution Practitioner at Danielle Young Mediations, discusses the importance of effective co-parenting communication following separation.
Separation and divorce can be highly challenging, particularly when children are involved. The way parents communicate during and after separation plays a significant role in shaping their children’s sense of security, emotional development, and future approach to relationships. This episode focuses on adopting a child-centred mindset, reframing the co-parenting relationship as a shared management role, and maintaining respectful and practical communication.
Key discussion points include:
•Why communication impacts long-term outcomes for children
•Shifting from former partners to co-managers of your children’s wellbeing
•The value of a child-centred approach in decision-making
•Maintaining professionalism and separating emotional processing from parenting discussions
•The 24-hour pause rule for managing heightened or emotional moments
This episode provides practical guidance for separated parents aiming to reduce conflict, strengthen co-operation, and support their children’s stability and resilience during the post-separation transition.
In this episode, we explore the new Leaving Violence Program, a permanent, federally funded initiative supporting people leaving violent intimate partner relationships.
We discuss what the program is, the types of support it offers including up to $5,000 in financial assistance and how it helps with safety planning, housing, legal aid, and counselling. The episode also covers eligibility requirements, how to access the program through Telstra Health, and the regional First Nations-led trials in Broome, Cairns, Darwin, and Dubbo.
If you or someone you know is experiencing intimate partner violence, this episode explains how the Leaving Violence Program can provide both practical and emotional support during one of life’s most difficult transitions.
LeavingViolenceProgram #DomesticViolenceSupport #IntimatePartnerViolence #SafetyPlanning #AustralianGovernment #SupportServices
👉 For more insights on family law, separation, and support, follow The Divorce Collective Podcast or visit Collective Family Law Group at www.collectivefamilylaw.com.au
In this episode of The Divorce Collective Podcast, Dannielle Young, Family Lawyer at Collective Family Law Group, unpacks one of the biggest shifts in family law — how courts now handle add-backs in property settlements. ⚖
If you’ve heard the term “add-backs” before or are currently dividing assets after separation, this episode is a must-listen. Danielle explains how the recent Shinnehara & Shinnehara case has changed the approach — the courts no longer pretend spent money still exists. Instead, they focus on what’s really left in the property pool today and assess fairness based on how and why funds were used.
Tune in to understand what this means for your property settlement, why timing matters, and how to move forward wisely after separation.
TheDivorceCollectivePodcast #CollectiveFamilyLawGroup #FamilyLaw #PropertySettlement #AddBacks #DivorceLaw #DanielleYoung #SeparationAdvice #AustralianFamilyLaw
In this episode of The Divorce Collective Podcast, Dannielle Young, Head of Family Law at Collective Family Law Group and Family Dispute Resolution Practitioner at Danielle Young Mediations, talks about one of the most common questions she gets from blended families: Do step-parents have legal rights when it comes to the children they’ve helped raise? 👨👩👧
Danielle breaks down what the Family Law Act says about who counts as a step-parent, what rights they do and don’t have, and the steps you can take to stay involved in a child’s life after a separation. She explains how parenting orders work, when you can apply for one, and how the court decides what’s in the best interests of the child.
The episode also touches on financial responsibilities, child support, and the process of gaining full parental rights or adoption. It’s a clear and practical guide for anyone navigating the challenges of blended family life.
If you’re a step-parent who’s unsure about your legal standing, or you know someone going through a similar situation, this episode will help you understand your options and how to protect the bond you’ve built. ❤
Tune in to learn more about step-parent rights under Australian family law and how to make decisions that truly work for your family.
TheDivorceCollectivePodcast #FamilyLawAustralia
In this episode, Danielle Young, Head of Family Law at Collective Family Law Group and Family Dispute Resolution Practitioner, breaks down the recent legal shift around ad backs in property settlements.
If you’re navigating separation or divorce, understanding how the courts now handle money that’s already been spent is crucial. She explains what ad backs are, how the approach to them has changed, and what it means for your property pool moving forward. Discover why it’s more important than ever to act quickly in property settlements and learn how courts now focus on fairness, not past spending.
FamilyLaw #DivorceSupport #PropertySettlement #SeparationAdvice #CollectiveFamilyLaw #DanielleYoungMediations #AdBacks #DivorcePodcast
In this episode, Danielle Young, Head of Family Law at Collective Family Law Group and Family Dispute Resolution Practitioner, speaks directly to anyone feeling emotionally overwhelmed by separation. She explores the storm of emotions that often come with it sadness, anger, fear, guilt, and even relief and reminds listeners that every feeling is valid and part of the healing process.
Danielle shares the Drop Anchor technique for grounding yourself when emotions feel too much, practical steps for breaking things down into manageable actions, and ways to communicate calmly and respectfully when co-parenting or negotiating property.
She also explains how mediation provides a neutral, child-focused space to resolve conflict helping families reach lasting agreements, reduce stress, and model healthy communication for their children.
Tune in to learn:
How to manage emotional overwhelm in separation
How to apply the Drop Anchor technique to stay grounded
Practical ways to communicate with kindness and set healthy boundaries
Why mediation leads to calmer, more lasting outcomes for families
DivorceCollectivePodcast #FamilyLaw #Mediation #SeparationSupport #EmotionalWellbeing #CoParenting
In this episode of The Divorce Collective Podcast, Danielle Young—Head of Family Law at Collective Family Law Group and Family Dispute Resolution Practitioner at Danielle Young Mediations—unpacks one of the most common questions she hears: Do step-parents have rights when it comes to children they’ve helped raise?
We’ll cover who the law recognises as a step-parent under the Family Law Act 1975, whether step-parents automatically get parental rights, and what options are available if you want to maintain a meaningful relationship with your step-children after separation. If you’ve played a big role in raising your partner’s children and you’re unsure what happens next, this episode is for you.
DivorceCollectivePodcast #FamilyLawAustralia #StepParentRights #ParentingAfterSeparation #FamilyMediation #AustralianFamilyLaw
Who keeps the pet after a breakup?
Under new changes to the Family Law Act, pets are finally being seen for what they are — loved family members.
In this episode of The Divorce Collective, Dannielle Young dives into what these legal changes mean, how courts are handling pet custody, and why mediation might be the key to avoiding a pet custody war.
In this episode of The Divorce Collective, host Dannielle Young follows her theme of stress and conflict management strategies to adopt during separation. She introduces the Dropping Anchor Technique, a mindfulness-based grounding exercise rooted in Acceptance and Commitment Therapy (ACT). By exploring this technique, Dannielle helps individuals to stay calm and collected during the emotionally overwhelming moments of separation. This practical, three-step will call you to feel empowered in regaining control of your emotions and behaviours when confronted with challenges.
Key Points Discussed:
What is the Dropping Anchor Technique?
Like an anchor in stormy waters, this grounding exercise aims to help manage emotional storms during high-stress situations by preventing emotional drifts and impulsive reactions.
Separation can be an emotionally charged process, often leading to misunderstandings and conflict. In today’s episode of The Divorce Collective, Dannielle Young explores the BIFF Technique—Brief, Informative, Friendly, and Firm—a practical communication strategy to minimise conflict during separation. Whether you're navigating co-parenting, legal discussions, or personal exchanges, BIFF offers a structured approach to keep conversations calm and productive.
Key Points Discussed
What is BIFF?
- Brief: Keep communication short, clear, and to the point.
- Informative
Join Senior Associate and Family Dispute Resolution Practitioner Dannielle Young in this episode of the Divorce Collective Podcast as she shares insight on navigating separation with children with neurodivergent needs.
Separation is challenging and the complexities multiply when neurodivergent children are involved in the process. Neurodivergent children thrive on structure, consistency and credibility. It is essential to adapt thoughtful strategies that prioritise children’s emotional wellbeing.
Here are some useful strategies you can implement, which are further discussed in today’s episode:
- Maintain consistency and routine
- Communicate openly and honestly
- Develop transition plan
- Foster positive co-parenting and collaboration
In this episode of The Divorce Collective Podcast, Dannielle Young, Senior Associate at Collective Family Law Group and an experienced Family Dispute Resolution Practitioner, sheds light on the often-overlooked topic of support people in family law mediation.
Mediation is a highly effe
In this episode of The Divorce Collective Podcast, Danielle Young, Senior Associate and Family Dispute Resolution Practitioner at Collective Family Law Group, explores the often-overlooked downsides of taking family law disputes to court. Many separating couples assume that court is the only route to resolve issues like parenting arrangements and property settlements, but it’s important to understand the emotional, financial, and time-consuming toll it can take on everyone involved—especially the children.
Dannielle Talks About:
- The emotional impact of court on both parents and children
- How lengthy court proceedings can leave families in a state of limbo
- The financial strain of legal fees and court costs
Join Senior Associate and Family Dispute Resolution Practitioner Dannielle Young in this episode of the Divorce Collective Podcast, as she discusses a topic that often comes up in family law matters: Introducing new partners to your children after separation.
The transition through separation and divorce is a challenging time, especially when it involves managing your children’s emotions and adjusting to new dynamics within the family. Introducing a new partner can add complexity to this already delicate situation. In this episode, Dannielle provides guidance on how to approach this sensitive process, ensuring that the well-being of your children remains a priority.
Key Discussion Points:Emotional Impact on Children: Learn why timing is crucial and how these emotions can impact your child’s sense of stability.Tips for Introducing New Partners: The importance of continual reassurance and respecting your child’s feelings throughout the process.Seeking Professional Guidance: Discover when it might be beneficial to seek professional guidance from a family therapist or counsellor.By understanding the potential impact on your children and implementing gradual and supportive strategies, you can help ensure this transition is as smooth and positive as possible.
Tune in to understand the impact of introducing new partners post-separation and how to make this transition easier for your children.
Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. For personalised guidance, please consult with a family lawyer at Collective Family Law Group.
Connect with Collective Family Law Group:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Website: collectivefamilylaw.com.au
Phone: (07) 5574 0971
Join Senior Associate and Family Dispute Resolution Practitioner Dannielle Young in this episode of the Divorce Collective Podcast, as she shares the harmful effects of speaking negatively about the other parent post-separation. While it’s common for emotions to run high during and after a separation, parents often don’t realise the profound impact that negative comments can have on their children.
The Impact of Speaking Negatively About the Other ParentIn this episode, Dannielle discusses the emotional, psychological, and legal implications of speaking poorly about the other parent. She highlights how this behaviour can cause emotional distress, damage self-esteem, increase stress, and strain the parent-child relationship. Dannielle also explores the potential long-term consequences for children, including their ability to form healthy relationships and navigate their own emotions in adulthood.
Parents have a responsibility to prioritise their children’s well-being, even in the most challenging times. Tune in to learn why it’s crucial to avoid disparaging the other parent and how to create a supportive environment that fosters resilience and a healthy adjustment to family changes.
Key Takeaways:* Understand how negative comments impact children’s emotional health and self-esteem. * Learn about the potential legal and custody implications of disparaging the other parent. * Discover strategies for fostering a positive and nurturing environment post-separation.
Join us to gain valuable insights into how your actions as a parent can shape your child’s emotional health and well-being during separation. Book a family law consultation free with any of our experienced divorce lawyers.
Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. For personalised guidance, please consult with a family lawyer at Collective Family Law Group.
Join Senior Associate Dannielle Young in this episode of the Divorce Collective Podcast as she breaks down the complexities of Section 60I certificates in Australian family law. If you're going through post-separation parenting disputes, understanding these certificates is essential for achieving the best outcomes for your children.
What is a 60i Certificate?In this episode, Dannielle explains what a Section 60I certificate is when it is required, and the circumstances that may exempt you from needing one. She also covers the five types of Section 60I certificates and who can issue them, providing clarity on how these documents play a crucial role in the Family Dispute Resolution process.
Learn why obtaining a Section 60I certificate is a mandatory step before applying to the court for parenting orders and how these certificates ensure that parties make genuine efforts to resolve their disputes through mediation. Dannielle also shares insights into when mediation might be unsuitable and how accredited Family Dispute Resolution practitioners determine the best approach for each case.
Whether you’re dealing with parenting arrangements, custody disputes, or the broader aspects of post-separation parenting, this episode provides valuable guidance on navigating the Section 60I certificate process to prioritise your children’s well-being.
Tune in to better understand the critical role of Section 60I certificates in family law and how they help parents work towards amicable outcomes that benefit their children. Book a family law consultation free with any of our experienced divorce lawyers.
Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. For personalised guidance, please consult with a family lawyer at Collective Family Law Group.
Connect with Collective Family Law Group:Instagram: @Collective_Family_LawFacebook: Collective Family Law GroupLinkedIn: Collective Family Law GroupWebsite: collectivefamilylaw.com.auPhone: (07) 5574 0971
Join Dannielle Young, Senior Associate at Collective Family Law Group, as she talks us through a powerful tool for presenting evidence: affidavits. It can be difficult to fully comprehend crucial legal documents and what they entail. Tune in and learn what affidavits are, their purpose in Australian Family Law, how to prepare one, and the importance of accuracy and honesty when creating an affidavit.
What is an affidavit? An affidavit is a written statement made under oath or affirmation, used as evidence in court proceedings. It serves as a formal declaration of facts, where the person making the affidavit (known as the deponent) swears or affirms that the information provided is true to the best of their knowledge. In Australian family law, affidavits are commonly used in cases involving divorce, child custody, property settlements, and other family-related disputes.
An affidavit provides a detailed account of circumstances and context, allowing the Court to make informed decisions and judgment.
Preparation of an affidavit involves outlining clear and concise facts, attaching supporting documents, and swearing or affirming the affidavit in the presence of an authorised witness.
Accuracy is paramount when creating an affidavit. Inaccurate, false or misleading information can incur serious legal consequences and negatively impact the outcome of your case.
Curious to learn more? Join our Senior Associate, Dannielle Young, as she guides you through Affidavits, on the Divorce Collective Podcast.
Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. For personalized advice, consult with divorce lawyers at Collective Family Law Group.
CONNECT WITH COLLECTIVE FAMILY LAW GROUP:
* Instagram: @collective_Family_Law
* Facebook: Collective Family Law Group
* LinkedIn: Collective Family Law Group
Join Senior Associate Dannielle Young as she sheds light on the critical topic of subpoenas in family law. This episode provides a clear explanation of what subpoenas are, their function within Australian family law, and how they can impact your legal proceedings.
In this episode, Dannielle explains the different types of subpoenas—Subpoena to Produce Documents, Subpoena to Give Evidence, and Subpoena for Production and to Give Evidence—and discusses when each type is typically used. Understanding the role of subpoenas is essential for anyone involved in a family law case, as these legal documents play a crucial role in ensuring that all relevant information is presented to the court.
Listen in as Dannielle discusses common scenarios where subpoenas are used, including financial disputes, parenting matters, and evidence verification. Whether you're the one issuing a subpoena or the one responding to it, being informed about these legal tools will better prepare you for your case.
Tune in to learn about the essential steps to take when dealing with subpoenas, and how being well-prepared can contribute to a fair and just outcome in your family law proceedings.
Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. For personalised guidance, please consult with a divorce lawyer on the Gold Coast at Collective Family Law Group.
Connect with Collective Family Law:
- Instagram: @Collective_Family_Law
- Facebook: Collective Family Law Group
- LinkedIn: Collective Family Law Group
- Website: collectivefamilylaw.com.au
- Phone: (07) 5574 0971
Join us to deepen your understanding of subpoenas in family law and how they can influence your case, ensuring you are equipped to handle these challenges effectively.
Welcome back to the Divorce Collective Podcast! Join our senior associate Dannielle Young today, as she takes into this internationally recognised, evidence-based parenting program is designed to enhance the bond between parents and their children, making it particularly valuable for those navigating the complexities of separation.Understanding the Circle of Security ProgramThe Circle of Security Program was developed by clinical professionals to provide parents with tools and insights needed to understand and meet their children's emotional needs. Based on decades of research and attachment theory, the program emphasises the importance of secure parent-child relationships. Here are the key components: Recognising Children's Emotional Needs * Understanding the Circle * Enhancing Parenting Skills * Reflecting on Parenting * How the Program Helps Parents During Separation Separation is a challenging time for both parents and children. The Circle of Security Program offers several benefits that are particularly valuable during this period: Ensures Emotional Stability * Improves Communication * Strengthens Parent-Child Bonds * Supports Co-Parenting * Reduces Conflict. * Implementing the Program The Circle of Security Program can be attended voluntarily. There are programs run by Relationships Australia and Relationships Queensland, as well as private options. Parents can attend on their own accord, as part of addressing concerns raised in Family Law Matters, or as part of a mediation agreement or parenting plan.CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
In this episode of our podcast, Dannielle Young, Senior Associate at Collective Family Law Group, explores the transformative impact of co-parenting apps on shared parenting responsibilities. Learn how these innovative tools are revolutionizing the co-parenting landscape and making the journey smoother and more efficient for separated parents.By facilitating better communication, organization, and cooperation, co-parenting apps are creating a more stable and positive environment for children. They ease the logistical and emotional challenges faced by separated parents, allowing them to focus on what truly matters: the well-being of their children. As more parents embrace these digital tools, the future of co-parenting looks brighter and more manageable than ever before.
Disclaimer:This podcast is for informational purposes only and does not constitute legal advice. Each divorce case is unique. For personalized advice, consult with divorce lawyers at Collective Family Law Group.
Connect with Us:
- Instagram: @Collective_Family_Law
- Facebook: Collective Family Law Group
- LinkedIn: Collective Family Law Group
- Website: collectivefamilylaw.com.au
- Phone: (07) 5574 0971
Tune in for essential insights into managing your co-parenting responsibilities effectively with the help of technology.
``` Join Denior Associate Dannielle Young as she explores the complexities of Grey Divorce among older couples. This episode delves into how individuals can navigate the unique challenges of divorcing later in life, including the division of significant assets, planning for retirement post-divorce, and managing the emotional journey of ending a long-term relationship.
Grey Divorce is characterized by distinct challenges due to the longer duration of marriages and the intertwined financial and personal lives of the couples. This podcast covers essential strategies for ensuring a fair division of assets, understanding the legal considerations specific to Grey Divorce, and securing emotional well-being during this transitional period.
Listen in to learn about the top factors influencing Grey Divorce, such as changing social norms and financial independence, and discover actionable advice on handling legal matters, financial planning, and emotional support.
Tune in for a comprehensive guide to navigating Grey Divorce, ensuring that older couples are well-equipped to handle the intricacies of separating later in life.
Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. For personalized advice, consult with divorce lawyers at Collective Family Law Group.
Connect with Collective Family Law:
- Instagram: @Collective_Family_Law
- Facebook: Collective Family Law Group
- LinkedIn: Collective Family Law Group
- Website: collectivefamilylaw.com.au
- Phone: (07) 5574 0971
Join us to understand the intricacies of Grey Divorce in today's divorce landscape and how best to approach these challenges during family transitions.
```
In this episode of our podcast, Dannielle Young, Senior Associate at Collective Family Law Group, explores the complex world of digital assets in divorce proceedings. Learn how to navigate the division of cryptocurrencies, social media accounts, and other digital properties effectively.
Digital assets, with their intangible nature and valuation complexities, present unique challenges in divorce. Dannielle discusses key strategies for a fair distribution, including the necessity of full asset disclosure, the importance of expert evaluations, and securing specialized legal representation.
Listen to this episode to understand the precautions needed to protect your digital assets during a divorce, such as enhancing security measures, keeping detailed records, and comprehending the associated tax implications.
Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. For personalized guidance, consult with the divorce lawyers at Collective Family Law Group.
Connect with us:
- Instagram: @Collective_Family_Law
- Facebook: Collective Family Law Group
- LinkedIn: Collective Family Law Group
- Website: collectivefamilylaw.com.au
- Phone: (07) 5574 0971
Tune in for essential insights into protecting and managing your digital wealth during divorce.
Join host Dannielle Young, Senior Associate at Collective Family Law Group, as she explores the complexities of managing digital assets during divorce. This episode delves into how couples can navigate the division of digital wealth, including cryptocurrencies, social media accounts, and other online properties.
Digital assets are inherently challenging to handle in divorce due to their intangible nature and the technical difficulties in valuation and division. This podcast covers essential strategies for ensuring a fair distribution, such as full disclosure of assets, expert valuation, and securing legal representation specialized in digital wealth.Listen in to learn about the risks and precautions necessary to protect your digital assets during divorce, including updating security settings, maintaining thorough documentation, and understanding tax implications.Tune in for a comprehensive guide to handling your digital portfolio during separation and ensuring your financial interests are safeguarded.Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. For personalized advice, consult with divorce lawyers at Collective Family Law Group.Connect with Collective Family Law:Instagram: @Collective_Family_LawFacebook: Collective Family Law GroupLinkedIn: Collective Family Law GroupWebsite: collectivefamilylaw.com.auPhone: (07) 5574 0971Join us to understand the intricacies of digital wealth in today's divorce landscape and how best to approach these challenges during family transitions.
This Week on the Divorce Collective Podcast: Mediation and Child Well-being in Family Law
Join host Dannielle Young, Senior Associate at Collective Family Law Group, as she discusses the benefits of mediation in family law, focusing on children's well-being and the preservation of healthy co-parenting relationships.
Mediation offers a child-centered approach that promotes open communication and cooperation, allowing parents to craft customized solutions that prioritize their children’s needs. Unlike traditional litigation, mediation is more flexible, cost-effective, and less emotionally taxing, providing a constructive space for parents to collaborate on achieving the best outcomes for their children.
Tune in to explore how mediation facilitates amicable resolutions and fosters long-term family stability, making it a preferred choice for managing parenting disputes post-separation.
Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. For personalized advice, consult with divorce lawyers at Collective Family Law Group.
Connect with Collective Family Law:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Website: collectivefamilylaw.com.au
Phone: (07) 5574 0971
Join us to learn how embracing mediation can support children’s best interests during family transitions.
For this week’s episode of the Divorce Collective Podcast, our host, Dannielle Young, Senior Associate at Collective Family Law Group, will take you through the advantages of mediation in Family Law.Traditionally, family law disputes are resolved through litigation, a process often characterized by high costs, lengthy proceedings, and heightened emotional turmoil for all parties involved. However, an alternative approach gaining recognition and popularity is mediation, offering a more collaborative and amicable path to resolving family law matters.Mediation offers a host of advantages over litigation in resolving family law matters. From preserving relationships and empowering parties to controlling costs and promoting efficiency, mediation provides a constructive framework for families to navigate disputes with dignity and respect.Tune in with Dannielle Young to gain insights in embracing the principles of collaboration, communication, and compromise, mediation paves the way for healing and reconciliation, laying the foundation for a brighter and more harmonious future.Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. Each divorce case is unique, especially when digital assets are involved. For personalised advice, consult with divorce lawyers Gold Coast at Collective Family Law Group. CONNECT WITH COLLECTIVE FAMILY LAW:Instagram: @Collective_Family_LawFacebook: Collective Family Law GroupLinkedIn: Collective Family Law GroupVisit our website at collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment and learn more about how we can assist you.
In this episode of the Safeguarding Children Series, your host, Dannielle Young, Senior Associate at Collective Family Law Group, guides us through the complexities of international child custody with a focus on the Hague Convention on the Civil Aspects of International Child Abduction. This crucial treaty offers protection for families entangled in cross-border disputes, aiming to prevent the unauthorized removal of children from their home country.
Key Insights from Today’s Episode:The Hague Convention: A Global Shield for ChildrenDannielle discusses the Hague Convention's primary objectives, the comprehensive protections it offers, and the significant risks when a child is taken to a non-signatory country.
Protecting Children Through International Collaboration:* Prompt Return: The Convention's cornerstone principle is the rapid repatriation of abducted children to their country of habitual residence. * Collaboration Between Central Authorities: Each signatory nation appoints a central authority to manage the administrative side of child abduction cases, facilitating swift and coordinated responses. * Standardised Legal Framework: This ensures that cases are handled efficiently, with a clear focus on the child's best interests, such as safety, well-being, and maintaining family * connections.
Risks of Non-Signatory Countries:Traveling or managing child custody in nations outside the Convention poses significant challenges:
- Limited Legal Resources: Non-signatory countries lack the established mechanisms for returning abducted children, making recovery efforts more difficult.
- Complex Legal Proceedings: Without the Convention's streamlined processes, resolving abduction cases can become prolonged, expensive, and emotionally taxing.
- Risk of Unlawful Retention: The absence of the Convention's protections significantly increases the risk of a child being unlawfully retained abroad.
Need Professional Guidance?If you're navigating international child custody issues or fear unauthorized international travel by your child, immediate expert legal advice is crucial. Collective Family Law Group offers specialized guidance to navigate these complex legal waters. Schedule a free 45-minute initial consultation today to protect your child's well-being.
Stay Informed, Stay Protected:Thank you for joining us in this important discussion on the Hague Convention and its vital role in protecting children in international custody disputes. Being well-informed is crucial in safeguarding our loved ones against the challenges of globalization.
For a deeper understanding of the Hague Convention and how to navigate international child custody disputes, tune into the full podcast episode with Dannielle Young.
Disclaimer: This podcast and its show notes are for educational purposes only and do not constitute legal advice. Consult a qualified child custody lawyer for advice tailored to your specific circumstances.
Contact Us:For further insights or to explore your child support options, connect with Collective Family Law Group. Begin your journey towards clarity and resolution by
CONNECT WITH COLLECTIVE FAMILY LAW GROUP:
- Instagram: @Collective_Family_Law
- Facebook: Collective Family Law Group
- LinkedIn: Collective Family Law Group
- Visit our website at collectivefamilylaw.com.au or call us at (07) 5574 0971 to learn more about how we can assist you.
The Divorce Collective podcast episode featuring Senior Associate Dannielle Young from Collective Family Law Group illuminates the significance of Family Law Watch Lists in protecting children amidst family disputes. These watch lists, managed by the Australian Federal Police under the Family Law Act 1975, serve as a critical barrier against the unauthorised international travel of children from Australia, mitigating risks of abduction and ensuring compliance with court orders.Key Takeaways:
- Urgent Legal Action: Prompt legal advice is vital if there's a risk of a child being taken overseas without proper consent. Collective Family Law Group provides free initial consultations to swiftly address such concerns.
- Family Law Watch List: A preventive tool to stop children from being taken out of Australia through airports and boat terminals without authorisation.
- Securing Child's Safety: Steps include placing the child's name on the watch list via court orders or urgent applications, safeguarding against unexpected international travel.
- Importance of Compliance: The watch list acts as a deterrent against parental child abduction and international child trafficking, ensuring adherence to court orders.
For those worried about their child's safety or the risk of international abduction, Collective Family Law Group urges immediate action and offers expert advice through a free 45-minute consultation.
CONNECT WITH COLLECTIVE FAMILY LAW GROUP:
- Instagram: @Collective_Family_Law
- Facebook: Collective Family Law Group
- LinkedIn: Collective Family Law Group
- Visit our website at collectivefamilylaw.com.au or call us at (07) 5574 0971 to learn more about how we can assist you.
Welcome to the Divorce Collective Podcast. In today's insightful episode, your host Dannielle Young, a senior associate at Collective Family Law Group, delves deep into a crucial subject for every parent: Child Passport Alerts in Australia.
Dannielle explores the protective steps parents can take to ensure their children's safety, with a special focus on international travel and the risks of abduction. The significance of Child Passport Alerts, their implementation, and the reasons behind them are essential knowledge for any parent or guardian committed to their children's wellbeing.
Key Takeaways from Today's Episode:
- Understanding Child Passport Alerts: Learn about the role of Child Passport Alerts in preventing unauthorized international travel and why they are fundamental in safeguarding minors.
- Implementation Guide: Receive detailed instructions on how parents with parental responsibility can set up these alerts to protect their children.
- The Why Behind the Alerts: Gain insights into the variety of reasons these alerts are necessary, from preventing parental child abduction to ensuring compliance with custody arrangements and protection against trafficking.
- Emergency Protocols: Discover the urgent steps you can take if your child faces an immediate risk of being taken abroad.
Why This Matters:
Child Passport Alerts are a critical tool in the protection of Australian children against unauthorized travel and abduction—challenges that have grown in our interconnected world. Activating an alert notifies authorities of potential dangers, enabling them to act swiftly.
At Collective Family Law Group, our mission goes beyond legal support; we aim to offer peace of mind regarding your children's safety and security. Knowing how to manage child passport alerts is a key part of safeguarding your loved ones.
Need Professional Guidance?
If concerns about your child's international travel or child custody matters weigh on your mind, we're here to assist. Our Gold Coast-based team of skilled child custody lawyers is ready to support you. Schedule a FREE 45-minute initial consultation today to ensure your child's safety is not left to chance.
Stay Informed, Stay Protected:
Thank you for tuning into our discussion on legal protections for our children. Remember, being informed is a powerful defense for the safety of our loved ones.
For an in-depth understanding of child passport alerts and their role in protecting your family, listen to the full podcast with Dannielle Young.
Disclaimer: This podcast's show notes are for educational purposes only and do not constitute legal advice. Since individual situations differ, consulting a qualified legal expert, such as a child custody lawyer, for tailored advice is recommended.
Contact Us:
For further insights or to explore your child support options, connect with Collective Family Law Group. Begin your journey towards clarity and resolution by booking a free 45-minute initial consultation.
CONNECT WITH COLLECTIVE FAMILY LAW GROUP:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Visit our website at collectivefamilylaw.com.au or call us at (07) 5574 0971 to learn more about how we can assist you.
``` Welcome to another episode of the Divorce Collective podcast with your host, Dannielle Young from Collective Family Law Group. Today, we're breaking down child support - a key element of family law that ensures parents contribute financially to their children's upbringing. Governed by the Child Support Assessment Act of 1989, options for managing child support include assessments by the Department of Human Services or through private agreements.
Calculating Child Support:
Understanding how child support is calculated is crucial. The Child Support Agency’s formula considers parents' incomes, children's ages, and the caregiving arrangements, among other factors. Their online calculator is a useful tool for estimating payments.
Options for Child Support:
- No Formal Arrangement: Opting out of child support.
- Informal Agreement: Based on mutual understanding.
- Limited Agreement: Requires an assessment but allows extra terms.
- Binding Agreement: A more permanent solution, necessitating legal advice.
Limited vs Binding Agreements:
Limited agreements offer flexibility, while binding agreements are more fixed but ensure a commitment that is hard to modify without legal intervention.
The Importance of Legal Advice:
For both types of agreements, especially binding ones, legal advice is crucial to navigate the complexities and ensure the agreement benefits everyone involved.
How We Can Help:
At Collective Family Law Group, our Gold Coast family law solicitors are experts in child support, ready to guide you through selecting the best option for your family. We're here to provide tailored advice and support.
Contact Us:
For more insights or to discuss your child support options, reach out to Collective Family Law Group. Book a free 45-minute initial appointment to get started on finding clarity and direction in these challenging times.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Visit our website at collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment and learn more about how we can assist you.
```
Join Dannielle Young, our Senior Associate at Collective Family Law Group as she talks us through the Key Distinctions in our Legal System. We are shedding light on some fundamental legal meanings that often puzzle those embroiled in Family Law Matters.
Legal jargon can sometimes feel like a different language and the Courts can feel like a different plant. To help make sense of it, Dannielle Young is going to break it down and share Key Information with you.
So, let’s unravel these complexities together:
- Understanding the Difference between – Solicitor v Barrister
- Legal Proceedings Decoded – Interim Hearing v Trial
- Explained – Mentions, Judge and Registrar
In today's podcast, Dannielle Young, our senior associate takes us through Navigating Valentine's Day Post Separation.Valentine's Day can be an emotional day for those who have recently gone through a separation. While it's a day dedicated to love and affection, it can also serve as a stark reminder of what was lost. Dannielle Young will navigate us through this podcast with Tips and Encouragement.Honouring Your EmotionsPriorities Self-CareReframing your Mindset by Creating New TraditionsSeeking SupportHolding on to HopeRemind you are Not Defined by your Relationship
``` In today's podcast, Dannielle Young one of our senior associates will bring you more insightful content on navigating the complexities of family law
In this episode Dannielle Young will guide us through the often-misunderstood financial agreements in family law, exploring the potential risks and how to navigate them.
Financial agreements, while offering a semblance of financial security, carry inherent dangers that may take time to be apparent. These agreements, often crafted during the most harmonious phases of a relationship, can have far-reaching implications if the relationship deteriorates.
Curious to learn more? Join our Senior Associate, Dannielle Young, as she guides you through financial agreements in family law, on the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations? We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via Zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
``` CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
On today's podcase our Senior Associate Dannielle Young will go through some practical tips that highlights the risk of Financial Agreements and Prenuptial Agreements.
Today, we follow the intriguing case of Thorne and Kennedy, a story that highlights the risks of Financial Agreements.
In this podcast, Danielle Young will go through 3 areas to help you navigate through the process of preparing Financial Agreements and Prenuptials Agreements. These include:
-Importance of Seeking Legal Advice
-Financial Power Imbalances
-Stress and Vulnerability
Dannielle strongly advises you listen to her previous podcast about the risks Financial Agreements have. If you are contemplating entering into a Financial Agreement, it is important to get some sound legal advice as there may be other alternatives that don’t put you at the inherent risks that Financial Agreements have.
Curious to learn more? Join our Senior Associate, Dannielle Young, as she guides you through the crucial role of the risks with financial agreements on the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via Zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
In today's podcast, Dannielle Young continues our journey of understanding the real estate world, with Kathy Tsai. Kathy is an ‘out of the box’ real estate professional who operates with precision and authentic demeanor, taking her role seriously, when it comes to assisting people in making their transition.
In this podcast, Danielle Young and Kathy Tsai guide us through the process of preparing your house for staging property settlements. This process includes;
- Acting in the Seller’s Best Interest
- Effective Communication
- Strategic Property Presentation
- Privacy Protection
- Staging Strategies
- Managing Client Expectations
Curious to learn more? Join our Senior Associate, Dannielle Young, as she guides you through the crucial role of the Real Estate Agents in a property settlement on the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations? We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via Zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
In today's podcast, Dannielle Young will walk us through recent legislative developments.
A few weeks ago, we learned that proposed amendments to the Family Law Act have passed through both houses of Parliament. This signals imminent change to the legislation. With royal assent granted on November 6, 20223, the alterations were sent to take effect, barring an earlier proclamation, on May 6, 2024.
One significant change involves the elimination of the long-standing presumptions of equal shared parental responsibility, in place since 2006. This presumption entails both parents sharing the responsibility for making long-term decisions for the child. Currently, the Family Law Act requires the court to consider equal-time orders when this presumption applies, leading to confusion for parents navigating the system. The upcoming changes will abolish this presumption and remove the references to equal time, addressing concerns about confusion among parents.
Additionally, the upcoming changes will simplify the section 60CC factors used by the court to assess a child’s best interest in deciding parenting orders. Currently, 2 primary considerations and 14 secondary considerations are outlined in section 60CC. The impending amendments aim to streamline these considerations, reducing them to a more concise set of 6.
In summary, the new section 60CC factors will be:
what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect or other harm) of the child and each person who has care of the child (whether or not a person has parental responsibility for the child);
- any views expressed by the child;
- the developmental, psychological, emotional and cultural needs of the child;
- capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child's developmental, psychological, emotional and cultural needs;
- the benefit to the child of being able to have a relationship with the child's parents and other people who are significant to the child (for example grandparents), where it is safe to do so; and
- anything else that is relevant to the particular circumstances of the child.
Another significant change involves the codification of the principles established in Rice v Asplund. Previously, this case law served as the threshold test for whether a court could alter final parenting orders. The upcoming amendments will incorporate this principle directly into the legislation. Consequently, courts will now only consider new applications after final parenting orders if there has been a significant change in circumstance.
Additionally, Independent Children's Lawyers will be legislatively mandated to meet with the Children they represent, allowing them to express their views. The new legislation will explicitly declare the illegality of publishing information on social media that could identify parties involved in Family Law proceedings. Furthermore, the changes will introduce a broader definition of “member of the family” to better align with Aboriginal and Torres Strait Islander concepts of Family and Kinship.
Curious to learn more? Join our Senior Associate, Dannielle Young, as she guides you through the recent changes in the Family Law Reform on the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations? We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via Zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
In today's podcast, Dannielle Young is joined by Kathy Tsai, an experienced Real Estate Agent with over 22 years in the industry. With an unwavering passion for property, Kathy possesses a deep understanding of the real estate world, making her a valuable source of insights and expertise.
In this podcast, Dannielle Young and Kathy Tsai guide you through the intricate process of selling property settlements. This journey includes crucial steps such as:
- Consulting with Solicitors regarding the Valuation Report.
- Engaging with a Real Estate Agent for client appraisals and estimated price guides.
- Navigating the intricacies of the marketing campaign.
- Determining property prices.
- Handling offers received
- Addressing building and pest considerations.
Furthermore, Dannielle and Kathy will delve into the distinctions between Private Treaties and Auctions, shedding light on the nuances of each approach.
Curious to learn more? Join our Senior Associate, Dannielle Young, as she guides you through a journey discussing insights from Real Estate Agents about the process parties can expect during a property settlement on the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations? We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via Zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
In this podcast, Dannielle Young delves into the critical differences and implications of two forms of property ownership: Tenants in Common and Joint Tenants, especially in the context of Family Law Separations.
Key Differences and ImplicationsTenants in Common: Ownership Shares: Allows for separate shares in property. * Separate Interest: Each owner has an individual interest in the property. * Survivorship*: Does not have rights of survivorship; ownership can be passed through a will.
Joint Tenants: Equal Ownership: All owners hold an equal share. * Right of Survivorship*: On the death of one owner, their share automatically passes to the remaining owners.
Dannielle Young also addresses the practical implications to consider both at the time of purchase and following a separation.
Practical Considerations1. Distribution of Property: How assets are divided in separation. 2. Asset Purchase: Factors to consider when acquiring property. 3. Estate Planning: Implications for inheritance and wills. 4. Changing Tenancy: How to switch between these ownership types.
By the end of the podcast, listeners will gain a comprehensive understanding of these ownership structures and their significant impact on property distribution during a Family Law separation.
Legal and Financial ConsultationIt's crucial to consult with legal and financial professionals to make informed decisions that align with personal circumstances and goals.
Ensuring Fair and Equitable ResolutionsUnderstanding these ownership structures is vital in ensuring fair and equitable resolution during Family Law separation and in protecting assets.
Learn MoreTune in to the Divorce Collective Podcast with Senior Associate Dannielle Young, who provides an in-depth exploration of these ownership structures.
Free Consultations at Collective Family Law Group Offer: Free initial consultations. * Appointment: Available in Gold Coast, Brisbane, Cleveland offices, or via Zoom. * Contact*: Visit collectivefamilylaw.com.au or call (07) 5574 0971.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Spousal Maintenance is a vital component in our Family Law System in Australia, it is a concept which is often misunderstood and overlooked. Spousal maintenance plays a significant role ensuring families are financially stable during and after the separation.
Spousal maintenance refers to financial support. One spouse or partner may be required to provide for the other after the separation or divorce. The support is often necessary when one spouse has a significantly lower income, or earning capacity than the other and is unable to support themselves adequately.
Throughout the Podcast Dannielle Young will go through some of the factors to be considered when determining the need for spousal maintenance:
- Financial resources including Property and Superannuation of both parties
- The age and health of each of the Spouses
- The ability to earn income
- The responsibilities in supporting children
- Standard of living
- Further prospects for Financial gain in the future
Want to know more? Tune in and listen to our Senior Associate Dannielle Young and how she takes you through some of the factors to be considered when determining the need for spousal maintenance in the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
There are hundreds of questions about what you can and can't do, what your ex can and can't do and who does what? Separation brings with it a myriad of legal and financial considerations.
There are a number of scenarios that can happen at the same time of separation that might change the answer to this question, Dannielle Young will go through some of these throughout the Podcast:
- The mortgage is in joint name and you are living under the same roof
- The mortgages in in joint name but one person moves out
- The property and the mortgage is in your sole name
- The property is in your sole name but the mortgage is in joint names
Separation can be a trying time, and dealing with mortgage payments and property settlement matters only add to these complexity. It is crucial to approach these issues with a clear understanding of your legal rights and responsibilities. Consulting with a Family Lawyer experience in Australian Family Law is highly recommended to ensure a fair equitable resolution.
Remember, open communication and cooperation with your ex-partner can go a long way in finding an amicable solution to mortgage payments and property settlement matters.
Want to know more? Tune in and listen to our Senior Associate Dannielle Young and how she takes you through some scenarios that can happen at the time of separation in the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Financial advisors play a crucial role in the Family Law Matters by providing valuable Financial guidance and expertise to individuals and families who are going through various legal processes such as divorces, separations, child custody disputes, and other related issues.
In this podcast Dannielle Young and Joshua will go through some of the ways in how Financial Advisors will be able to assist in Family Law Matters:
-
Objectives Financial Analysis
-
Asset Protection
-
Understanding Financial Implications
-
Budgeting and Financial Planning
-
Tax Implications
-
Retirement Planning
-
Debt Management
-
Business Valuations
-
Complex Financial Situations
-
Peace of Mind.
Want to know more? Tune in and listen as our Senior Associate Dannielle Young takes you through ways to prepare for Family Law mediations Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
On today’s podcast our Senior Associate Dannielle Young will explore guiding families through the process of separations. Advocates and lawyers for families, in hoping for a better future for children by advocating for parents to separate amicably or at least without exposing children to conflict.
Family law mediation is a constructive and cost-effective alternative to court battles when resolving disputes related to divorce, child custody, support and other Family Matters.
It offers families an opportunity to come together, discuss their concerns and work towards a mutually agreeable resolution. To make the most of this process, careful preparation is essential.
In this podcast Dannielle Young, will outline the steps to prepare for Family Law Mediation, in assisting you to navigate the process with confidence and achieving a successful resolutions,
Family law mediation can be a positive and empowering process when approached with preparation and the right mindset.
By understanding the mediation process, gathering relevant information, setting clear goals, seeking legal advice, remaining calm and respectful, being open to compromise and practicing active listening, you increase the chances of achieving a successful resolution.
Mediation offers an opportunity for families to work together, reduce conflict, and create solutions that are tailored to their unique circumstance, fostering a brighter and more harmonious future.
Want to know more? Tune in and listen as our Senior Associate Dannielle Young takes you through ways to prepare for Family Law mediations Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
On today’s podcast our Senior Associate Dannielle Young will explore the potential for success in conducting Family Law Mediation over video platforms and examine the benefits it offers.
Covid-19 has brought significant changes to the legal landscape, including the shifts towards virtual platforms for conducting various legal processes. Family law matters like Divorces, Parenting and Property division, traditionally involved in-person mediation sessions. However, with the advancements of technology, virtual mediation has became a visible alternative
Dannielle Young will go through 5 ways how online mediations can be beneficial
-
Accessibility and Convenience
-
Enhanced Communications and Focus
-
Increased comfort and reduced intimations
-
Cost-effectiveness
-
Adaptability to changing circumstance
Want to know more? Tune in and listen as our Senior Associate Dannielle Young takes you through ways to achieve an amicable divorce in the latest installment of the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
On today’s podcast our Senior Associate Dannielle Young will go through some practical tips to achieve an amicable divorce considerably lessen the usual tension and strife that accompanies this process.
Having an amicable divorce can significantly reduce the stress and conflict that typically associate with the process.
Dannielle Young will go through 7 tips to help navigate you through a Divorce in an amicable manner:
-
Open communication
-
Effective communication
-
Seek Mediation or collaborative divorce
-
Focus on the big picture
-
Consult with professionals
-
Consider the need of children
-
Choose your battles
Remember that an amicable divorce requires both parties to approach the process with a willingness to cooperate and find common ground. While it may now always be easy, fostering a respectful and collaborative environment it can lead to a smoother and less acrimonious divorce experience.
Want to know more? Tune in and listen as our Senior Associate Dannielle Young takes you through ways to achieve an amicable divorce in the latest installment of the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
On today’s podcast our Senior Associate Dannielle Young will go through the healthy parenting arrangements in QLD and discuss what children might need and want to help them understand and navigate the changes happening to their family.
During a divorce, children need and want to know certain things to help them understand and navigate the changes happening in their family.
Dannielle Young will go through 10 things that children may need and want to know:
-
Honest and Age- Appropriate Information
-
Reassurance of Love and Support
-
Clear Communication
-
Continuity and Stability
-
Permission to Express Feelings
-
Neutral Ground
-
Future Plans
-
Reassurance of stability
-
Confidentiality and Privacy
-
Ongoing Love and Care
Want to know more? Tune in and listen as our Senior Associate Dannielle Young takes you through What do children really need during separation in the latest installment of the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
On today’s podcast our Senior Associate Dannielle Young will go through the healthy parenting arrangements in QLD and discuss the different mistakes parents can make during parenting arrangements.
By navigating parenting matters during separation or divorce is undoubtedly challenging, but by being mindful of the common pitfalls and taking proactive steps to avoid them, you can provide your children with the stability and support they need.By maintaining effective communication, prioritizing the child’s best interest, documenting relevant information, managing emotions, and fostering a respectful co-parenting relationship, parents can increase their chances of reaching an arrangement that supports their child’s well-being. Remember, the court's ultimate goal is to create a stable and nurturing environment for the child to thrive.
Want to know more? Tune in and listen as our Senior Associate Dannielle Young takes you through the Pitfall Parents Make in Parenting Matters in the latest installment of the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
On today’s podcast our Senior Associate Dannielle Young will go through the importance of business valuations and discuss in detail the crucial role they play in family law matters to ensure the fair and equitable division of assets.
Business valuations provide an objective assessment of the worth of a business, ensuring that all parties involved in the family law proceedings have a clear understanding of its value. In this podcast, we will discuss the significance of business valuations in family law matters, highlighting their importance in property settlements and financial negotiations.
A business valuation is a comprehensive assessment of the financial worth of a business entity. It involves analyzing various factors, including the company’s financial statements, assets, liabilities, market conditions, industry trends, and future earning potential. Valuations can be conducted by independent professionals, such as qualified business valuers or forensic accountants, who apply recognized methodologies to determine an accurate value.
Want to know more? Tune in and listen as our Senior Associate Dannielle Young takes you through the importance of business valuations in the latest installment of the Divorce Collective Podcast.
Did you know at Collective Family Law Group, we offer FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Often we see people following separation who have no idea of their financial position. Sometimes their former partner might have handled the finances for the family, sometimes there were aspects of financial abuse at play, sometimes the client left the property without their documents. There can be a number of reasons, but on this week's episode of The Divorce Collective Podcast, our Senior Associate Dannielle Young will give you some ideas about how you can prepare yourself for your property settlement matters.
Some things she will discuss are what types of documents might you want to keep an eye out for, if you are amicable, have some initial discussions, think about what you want to achieve and if you have means to achieve that (like retaining the family home) and come prepared.
So tune in and have a listen as our Senior Associate Dannielle Young takes you through ways to prepare for your property settlement matters and initial consultation.
Did you know at Collective Family Law Group, we offer a FREE initial consultations. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Today on the Divorce Collective podcast our Senior Associate Dannielle Young will take you through the 3rd podcast in our contravention series which considers the penalties for contravening a Court Order. Before you file a contravention podcast you need to think about the result you actually want. If a contravention has been found by the Court then there is an array of consequences that can be imposed on the parent that contravenes the Orders.
What will happen and how the Court will treat the contravention is a matter for the Judicial Officer that is deciding the matter.
There are a differentiation of sanctions depending on the severity of the matter and whether a reasonable excuse was found, these include:
-
The Court can vary the original Order that was made and make new Orders. This can be done regardless of whether the Contravention Application was successful or not;
-
The Court can Order the parent/s to attend a program. This might be a post separation parenting program, counseling or the Court could even consider ordering the parties to attend a Dispute Resolution Conference. This is so they can try to work through the issues and come up with a new arrangement that works for the families themselves;
-
The Court can also require that the person who contravenes an Order to pay a bond which is a sum of money that is usually paid on a condition; and
-
The Courts can provide for Orders of make up time where time has been missed between a child and a parent due to a parent's contravention of the Orders.
If the Applicant was not successful in making out their Contravention Application then the Court can and usually does make Orders for the Applicant to pay the Respondents costs for defending the Application. However, this can also happen in reverse, if the Applicant is successful then the Court can make an order for the Respondent to pay the Applicants costs.
In some more serious breaches the Court can impose a community services order, a fine or even a term of imprisonment.
Want to know more? Tune in and listen as our Senior Associate Dannielle Young takes you through the penalties of a contravention in the latest installment of the Divorce Collective Podcast.
Welcome back for Part 2 of our contravention podcast. On today's podcast our Senior Associate Dannielle Young will continue to take you through what a contravention is, in particular, Dannielle will discuss reasonable excuses for a contravention of a Court Order.
When an Order is made in a parenting matter the Court expects you to uphold your obligation as a parent to facilitate and encourage the relationship between the child and the other parent.
A parent is taken to have contravened an Order when they:
- Intentionally prevent compliance with an Order by a person that is bound by it;
- Makes no reasonable attempt to comply with the Order;
- Intentionally fails to comply with the Order; or
- Aids and abets someone who is bound by the Order to contravene it.
So what is a reasonable excuse?
Examples of what can be deemed a reasonable excuse are:
- The person did not understand the obligations imposed by the Order;
- The person believed that the actions that gave rise to the contravention were necessary to protect a child for harm; or
- The contravention was necessary to protect a person.
Want to find out more? Tune in and listen as our Senior Associate Dannielle Young takes you through what a reasonable excuse is in the latest installment of the Divorce Collective Podcast.
CONNECT WITH COLLECTIVE FAMILY LAW:Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
What is a contravention and how do you apply? On today's podcast our Senior Associate Dannielle Young will discuss what contraventions are and how you can apply.
When a person is not complying with an Order of the Court they are breaching the Orders - this is also known to be a contravention.
The Court expects that all parties comply with the Orders of the Court. If an Order of the Court is breached then the Court takes these matters very seriously. The Federal Circuit Family Court of Australia deals with contraventions swiftly and cost effectively through the national contravention list.
You can make an application to the Court to have a contravention dealt with; this is called a contravention application.If you are the party bringing the application you bear all the responsibility to convince the Court the respondent is not only not complying with the Orders but contravened them without a reasonable excuse.
If you have reason to believe that you will not be able to apply with the order of the court you should immediately get legal advice rather than simply not complying.
Want to know more? Tune in and listen as our Senior Associate Dannielle Young takes you through what a contravention is and how you can apply in the latest installment of the Divorce Collective Podcast. Don’t forget to tune in next week for part 2 where Dannielle Young will take us through reasonable excuses and some of the consequences of a contravention. CONNECT WITH COLLECTIVE FAMILY LAW:Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Have you ever wondered what actually happens at a final hearing of a matter? On today's podcast our Senior Associate Dannielle Young will provide you with some tips and a general overview of the process of a final hearing in the Federal Circuit and Family Court of Australia.
If a matter is ready to proceed to a final hearing, the Court will allocate a final hearing date and set aside the amount of time to hear the evidence of both parties. This can range from a day or can be longer depending on the circumstances of the matter.
So, here are a few important tips to know before a final hearing:
-
It is important to read all the material you have filed in your matter as you need to be familiar with the evidence that you put on.
-
After the final hearing, the Judge will deliver their decision and reasons for judgment. This may be on the same day, however, sometimes Judges' decisions are reserved which means the Judge will take time to consider the evidence given at trial, and will reserve their decision and deliver it at a later date.
-
Parties have a right to appeal the decision, however, there is a time limit on appeals which is 28 days from the date the order was made.
Final Hearings are long days which can be emotionally and mentally exhausting, so tune in and listen as our Senior Associate Dannielle Young takes you through the process of a final hearing in more detail in the latest installment on the Divorce Collective Podcast.CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
What is birdnesting and can it be implemented in parenting arrangements post separation? On today’s podcast our Senior Associate Dannielle Young will explain the parenting arrangement of ‘birdnesting’ and discuss some advantages and disadvantages of this arrangement.
Birdnesting is the term given to the arrangement where children remain in the family home post separation and the parents take turns moving out of the home on a rotating basis. Generally speaking birdnesting has been proven to work for some families but hasn't worked so well for others. As each family's dynamics and circumstances are very different.
Birdnesting can be beneficial as it focuses on the needs of the children rather than the needs of the parents while offering children stability. However, it is important to consider parents' ability to co-parent within this arrangement.
Tune in and listen as our Senior Associate Dannielle Young takes you through Birdnesting and the advantages and disadvantages of this arrangements in more detail in the latest installment on the Divorce Collective Podcast.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Family Reports are conducted by a family consultant. The family report is an independent assessment of the family unit which assists both parents and the Court in making decisions about the future arrangements for the children. The family report writer will consider the children’s experiences, the children’s development, the family circumstances, and other relevant issues to the case. They will provide a report with some observations, some considerations and some recommendations about what parenting arrangements are in the children’s best interests.
The family report writer will meet with the parents individually. The children will be observed with each parent and depending on their age, the family report writer may interview the children separately. The children will have an opportunity to speak with the Family Consultant separately and privately about what is going on for them, their worries and their wishes.
It is important to remember any information you provide to the Family Consultant in the interviews is not confidential. That means anything you say or propose may appear in his report and may be used if the matter proceeds to Court.
Some important things to remember for the interview process are as follows:
-
Consider what is in the Children's best interests
-
Always remain focused on the children
-
Do not coach the children
-
Behave appropriately, present yourself well and be honest.
Tune in and listen as our Senior Associate Dannielle Young takes you through the family report process and tips in more detail in the latest installment on the Divorce Collective Podcast.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
So last week I talked about the benefits of formalising your property settlement matters. One of the ways you can do that is entering into a Binding Financial Agreement (or BFA for short) after the relationship breaks down. While a lot of times we use Consent Orders, there are some matters where a BFA following separation might be appropriate.
While BFA’s can be entered post separation as a way to formalise your property division and if relevant spousal maintenance agreement, they can also be entered before a marriage or de facto relationship. The benefit of the BFA before the relationship is that it will set out how the assets are going to be protected and divided in the event the relationship breaks down. You can even enter into a BFA during a relationship for the same reason – to set out at the onset of the relationship how the finances are going to be dealt with during the course of the relationship. While I hope you never need to rely on the BFA and your relationship goes the distance, the statistics tell us that not everyone is lucky in the love game and stay together for their lifetimes.
So why would you enter a BFA before your relationship starts or even after it has started? The biggest reason is asset protection!
But you don’t necessarily have to be as wealthy as a Kardashian to enter into a BFA. A lot of people like the thought of entering into a BFA at the onset of the relationship because it provides them both with certainty, security and finality in knowing that in the event their relationship does not make it, they have already agreed on the division of assets and finances. Not to mention they did that agreement at a time they loved each other, vastly different to what opinion they might have of each other at the demise of a relationship!
There are formalities that a BFA has to have to be binding. You cannot do it without a lawyer.
So tune in and listen as our Senior Associate Dannielle Young tells you about when a BFA might be needed, what the formalities are and what needs to be considered when drafting the BFA.
You want to avoid there being any loopholes and avoid as far as possible anything that might give rise to the BFA being set aside. If you are considering entering into a BFA or if your new partner has raised this with you then you should get tailored advices about your circumstances. Come in and speak with one of our lawyers for tailored advices about this complex area of law.
CONNECT WITH COLLECTIVE FAMILY LAW:Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
We get asked by clients who come to see us “do I need to formalise property settlement”? Well the strict answer is no, you don’t have to do anything you don’t want to and you are not required to formalise the property arrangements. BUT word of warning… there will be dangers, risks and ramifications if you don’t. So get advice, always get advice!So, here are a few reasons why we recommend that you should formalise your property settlement matters:1. Certainty. 2. Protection of assets. 3. Reduce the risks of future claims. 4. Things change, including assets, people and their positions.5. Enforceability.6. Transfer exemption!On today’s podcast our Senior Associate Dannielle Young will go through some of these benefits, touch briefly on the ways you can formalise a property settlement and tell you about some very important time limitations that apply.So tune in and have a listen. You won’t be sad that you did, unlike how you might be if you don’t get advice about formalising your property settlement! Did you know here at Collective Family Law Group we offer free initial consultations so why wouldn’t you book in to speak to one of our lawyers to get more tailored advice about your property settlement and how to protect your financial future. CONNECT WITH COLLECTIVE FAMILY LAW:Instagram: @Collective_Family_LawFacebook: Collective Family Law GroupLinkedIn: Collective Family Law Group
Separation is a devastating time. Even if you are the one instigating the separation. Join our Senior Associate Dannielle Young, as she discusses the best tips to protect your mentalhealth during a separation.We have all heard of the stages of separation (or maybe some of you haven’t), and they usually are labelled (there may be different names or versions or stages, but generally):
● Shock and denial;● Anger;● Bargaining;● Depression;● Fear and grief;● Acceptance.We want you to get to the acceptance stage and as family lawyers to a finalisation stage. We have our own processes to get you through the legal aspects of your separation, but a goodfamily lawyer will also appreciate that you are going through a process yourself internally and personally.Here are some tips on how to take care of YOU during your separation!1. Allow yourself some time to grieve;2. Establish a strong support system;3. Do something for yourself each week;4. Find a lawyer you trust and listen to them;5. Plus some others you will hear when you listen in.
When you are at that stage of finding a lawyer you trust to help you with the legal aspect of your separation then reach out to Dannielle Young or one of the other fabulous lawyer here at Collective Family Law Group and let us help you!
Family law can be very complex in Australia and even more so when in comes to the Court process. It can be very confusing, especially when it comes to making applications to Court for your family law process.
The Federal Circuit and Family Court of Australia (FCFCOA) is the same for the majority of Australia. Being a family law firm based in Brisbane and the Gold Coast, we usually file applications in the Brisbane Registry, however from time to time need to file applications in other registries around the country. Fortunately, they are the same applications where the same family law rules and family law legislation applies.
The purpose of an Initiating Application for Family Court is to start a family law application seeking interim and or final orders that are related to family law issues such as child custody, parenting issues, property division, spousal maintenance and divorce.
To start the court process in your family law matter an initiating application will need to be made with the rules of making the application adhered to.
Join Caralee as she discusses what an initiating application is, what types of matters an initiating application is used for in the Federal Circuit and Family Court of Australia and what they may contain. If you need assistance with your family law matter and advice about making an application in the Federal Circuit and Family Court of Australia (FCFCOA) and assistance with making an application, our Gold Coast family lawyers can assist you in ensuring that you make a successful application.
We offer a free family consultation for up to 45-minutes where can advise you on your family law issues and your prospects of success in making an initiating application to the Federal Circuit and Family Court of Australia (FCFCOA).
Call us on 1300 225 393 to arrange your free family law appointment with one of our Gold Coast family lawyers.
Let's start at the end…. You have finalised your family law matter after a long and hard road of negotiations and for some clients, the feeling of regret can creep in.
Regret around the money you've spent on legal fees to get the result that you received, the regret of time that has been wasted in combat, regret about the way you may have acted, and most importantly the quality time you've lost with your children.
Separation and divorce sucks! Going through a family law process can be the most frustrating process you will ever have to go through. Family law processes often take a lot of time because you are not in control of both sides of the family law negotiations and there is only so much that you and your family lawyer can do, to settle your family law matter in a timely fashion.
So let's move away from the blame game and flick the switch for the most positive result for your family.
Join Dannielle Young, as she gives a fresh perspective on changing the focus to the children and results for your children.
If you are seeking further advice on your Family Law matter give us a call on (07) 5574 0971 to book your free initial consultation.
Collective Family Law have a team of family lawyers in South East Queensland and we are ready to assist you. We help people in Brisbane, the Gold Coast, Cleveland and online if clients are remote.
Book a free initial appointment here https://calendly.com/collectivefamilylaw/45min?month=2022-11
There can be many different types of people, services and roles that you may come across when you are going through a family law matter in Australia.
Unless you are a lawyer or even a family lawyer, it can be difficult to understand who you need on your family law team to get the outcome that you want when it comes to your separation or divorce.
It is confusing!
Your legal team may have some or many of these people in it:
- You: This is obvious and important.
- Your ex-partner
- A counselor or psychologist
- Solicitor
- Paralegal
- Barrister
- Mediator
- Court Registrar
- Judge’s Associate
- Judge
- Honourable Justice
- Family consultant
- Independent Children’s Lawyer
- Property valuer
- Business valuer or forensic accountant
Your family law matter may not need to have all of these different people involved, it depends on your circumstances, but it is good to have a basic understanding of the people and their roles as you move through your family law matter.
For family law advice that will set you on the right path, give us a call on (07) 5574 0971. Collective Family Law have a team of family lawyers in South East Queensland and we are ready to assist you. We help people in Brisbane, the Gold Coast, Cleveland, and online if clients are remote.
Have a letter asking you to hand over personal documents for a property settlement matter? What is that all about and do you need to provide them?
The short answer is – yes!
The exchanging of documents in a property settlement matter is known as Disclosure. There is a duty and an obligation on parties in a property settlement dispute to make full and frank disclosure of information and documents that are relevant to any issues in dispute in the matter and that are relevant to their financial circumstances.
The exchange of disclosure documents will assist in determining the proper value of the property pool available between the parties for division. The documents will also help your lawyer figure out what likely adjustments you might be able to seek in your favour due to contributions you have made during a relationship.
Disclosure is exchanged even if your matter is not in court. The duty to exchange the documents actually forms part of the pre-action procedures that are mandated by the Court.
So for property matters parties are required to disclose all sources of earnings, interest, income, property, and other financial resources. A party is also required to disclose information and/or documents about the property that has been disposed of or transferred following the separation.
If your matter sadly ends up before the Court to determine then you will be required to file an Undertaking which tells the Court you have made disclosure of what you are supposed to. There are consequences for not complying with your duty of disclosure.
So if you happen to receive a letter in the mail or your inbox from your former spouse's lawyer asking for your documents, do not be alarmed. It is standard practice.
Your former spouse will also have to provide you with the same documents that you are being asked to disclose. The request is likely the start of the property settlement negotiation process for you. You can get legal advice about what you should be disclosing and it is always a good idea to get legal advice about what specific entitlements you might receive by way of property settlement.
Tune in and listen as our Senior Associate Dannielle Young talks about disclosure in property settlement matters and lists the types of documents that you might expect to be asked for.
Here at Collective Family Law Group we can help you with the disclosure and negotiation process and guide you to a settlement. We prefer to guide parties through these processes and to a settlement either by negotiation or mediation to avoid unnecessary stressors and financial burdens that litigation brings.
Book your free 45 consultations today! Give us a call at (07) 5574 0971 or book online by clicking the link: https://collectivefamilylaw.com.au/booking-family-law/
Did you know that there is a list in the Federal Circuit and Family Court of Australia specifically designed for pools where the net worth is $500,000 or under?
The list is known as the Priority Property Pool List or PPP500 and it is designed (as is the rest of the system) to achieve a just, efficient and timely resolution of cases.
To be eligible into this special list of cases the following will need to apply:
-
The net property of the parties (including superannuation) is, or is likely to be, $500,000 or less
-
There are no entities such as family trusts, companies or self-managed super funds; and
-
Neither party seek parenting orders, child support orders or enforcement/contravention orders.
To commence a PPP500 case there are some filing of documents that are dispensed with to simplify the process, for example parties are not required to file an Affidavit of Financial Statement. Instead parties to a PPP500 case will file an Initiating Application and PPP500 Financial Summary together with a Genuine Steps Certificate. Once filed those documents must be served within seven (7) days of filing. The respondent then has 28 days from being served to file a Response to the Initiating Application and their own PPP500 Financial Summary.
If you’d like to know more about the PPP500 Cases List and the process, tune in and listen to our Senior Associate Dannielle Young discuss how this may apply to your family law matter.
Did you know we offer a free initial 45 minute consultation initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland family law offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
This week on the podcast, join Principal Caralee Fontenele, and JustFund Founder Jack O’Donnell and listen in as they discuss the benefits of JustFund legal funding for your family law matter.
JustFund is a dedicated family law funding provider founded and run by lawyers, ensuring everyone can access quality legal advice and services regarding their family law matters related to property division.
JustFund can help with the costs of legal fees, disbursements, counsel fees and other costs that may arise with your matter.
Unlike a traditional bank loan, it is not based on your income and capacity to make regular payments. JustFund looks at your legal share of your property division and is only repaid at the conclusion of your family law matter.
Who can access JustFund?
The ideal criteria for JustFund litigation funding is a client who has been in a relationship for a period of time and has a property with enough equity in your property pool to ensure you still walk away with money in your pocket after your matter is settled and is ready to move on with your life.
The process is as simple as providing the details of your matter and property pool, which can be done through your lawyer and receiving an answer within 24-48 hours, so you don’t need to prolong moving forward with your life.
If you’d like to know more about JustFund and how we can help you move forward with your Family Law matter, book in for your free initial consultation. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland family law offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
In June 2022 the FCFCoA rolled out what they have termed a Critical Incident List. The Critical Incident List specifically designed for matters where there is no available parent to care for a child due to death (including homicide), critical injury or incarceration due to family violence and where Orders are required so that appropriate arrangements can be made.
The list is a National list and is managed by the Honourable Justice Jacoba Brash. The overarching objective to this list is to give access to and facilitate a prioritization of these matters within the Court system. It will allow matters to be dealt with on an urgent basis to facilitate a third party caring for and making decisions for a child or children where there is no parent as I described above. The list is National in all states and territories except Western Australia.
The Chief Justice of the FCFCOA, the Hon Wil Alstergren, noted that the process will help not only the children but their families as well: “Family violence is a national disgrace, and far too often, results in the death of a parent at the hands of their partner or former partner… It is an extraordinarily tragic and stressful time for the children involved, and the extended family members who are suddenly left to pick up the pieces and care for the children and make arrangements for their health and education.”
Tune in as our Senior Associate Dannielle Young takes you through the new Critical Incident List, the eligibility criteria and how to make an Application for inclusion in the list.
At Collective Family Law, we offer a FREE initial appointment, where we can discuss your Family matter. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Animals are sadly abused, beaten or tortured by abusive partners as a way to frighten their victims and as a way to control them. A lot of victims fleeing violence are forced to make difficult decisions and leave their much-loved pet members of the family behind.
How sad is that when often, family pets are the ones who can bring comfort or when horribly the pets are also treated poorly by the abuser. There is a statistic that 70% of women fleeing domestic violence also report pet abuse, and they also report this as another reason for delaying leaving the volatile situation. The figure is about 25% of women who experience domestic violence will not leave the relationship due to concerns about the welfare of the family pet.
Well, what some people don’t know is that DV Connect have a long-standing partnership with the RSPCA through a program called Pets in Crisis. The program finds temporary housing for the family pets of those victims who are entering into a refuge or cannot house their pets immediately upon fleeing the violent relationship.
Tune in and have a listen as our Senior Associate Dannielle Young talks about pets and domestic violence and what assistance is out there for those fleeing an abusive relationship with a pet.
At Collective Family Law, we offer a FREE initial appointment to give you the clarity you need to move forward with your Family Law situation. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland family law offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Let's talk about YOU and the amazing adventures you will have post-separation.
Separation can be challenging, and it may feel like your entire future has been ripped away from you, which is not the case! Making plans and having new adventures is a great way to move forward in the next stage of your life.
So how can you have an incredible future post-separation?
Whether it be a new hobby, a travel bucket list or a new restaurant to dine in, this is your time to create the life you’ve always wanted.
Join Caralee as she shares nine different ways you can adventure on your own!
At Collective Family Law, we offer a FREE initial appointment to give you the clarity you need to move forward with your Family Law situation. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland family law offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Today on the podcast Caralee follows on from last week's podcast ‘Clarity is what you need’ You have now gained Clarity and you wish to proceed with your Family Law Matter.
Although, you may not have the finances readily available to proceed. This is where Legal funding comes in. It is a great way to help you have legal justice and move forward.
Legal funding is essentially a personal loan just for your legal fees. The lending criteria are different from your normal bank loan, it is solely for your legal fees and does not require a weekly or monthly payment. The loan is finalised at the end of your matter and may be secure to the sale of your property or financial settlement.
For most people, separation is difficult enough without having to worry about legal fees. Here at Collective Family Law we offer two types of Legal Loans to help you through your matter, which are JustFund and Plenti.
Join Director Caralee Fontenele to discuss the options of using Legal loans and the benefits these types of loans offer to reduce the stress of funding your legal matter upfront.
At Collective Family Law, we offer a FREE initial appointment, where we can discuss Legal Funding for your circumstance. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
When you are going through a Divorce and Separation, it is more than likely you have never been through this before. It can be so hard to know what direction to take, what to expect or who to trust. With so many online forums and websites available to seek advice at the tips of your fingers, people share their own personal experiences, which may result in gaining incorrect advice.
Where do you stand legally?
It is really important that you have clarity around your legal issues, knowledge is power. When you understand your rights and obligations - everything becomes a little more simple and straightforward. Knowing your position will not only help you to make wise decisions as you move through your Family law matter but you will also be empowered to receive the outcome that you deserve.
Without clarity around your legal position, you are walking through your separation and divorce blindly and that is a scary position to be in. You are better off knowing the facts so that you don’t need to live with fear and anxiety. Having clarity will bring you peace of mind. Here at Collective Family Law, we love to give our clients peace of mind about their circumstances, we are here to help.
Join Caralee as she discusses a few handy tips that you need to know about Family Law that can help you be clear on your next step towards clarity.
It is always a great idea to reach out to a Family Lawyer to have an initial appointment to get proper initial legal advice about your unique circumstances.
At Collective Family Law, we offer a FREE initial appointment to give you clarity and direction on how to move forward with your Family Law situation. We offer initial appointments face to face in our Gold Coast, Brisbane and Cleveland offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
As we embark on a new financial year, we have noticed a hike in fees and cost of living, even with Netflix subscriptions. The Federal Circuit and Family Court of Australia (FCFCOA) is no different.
These fees are set by Federal Government Regulations - Family Law (Fees) Regulation 2012
Filing fees are separate from your standard legal fees associated with engaging your Solicitor, which includes applications for Divorce, applications for Consent Orders and initiating applications in the Family Court of Australia.
The FCFCOA has a clear list of fees depending on what is required to be filed. For further information, click the link for the updated Court Fees as of 1 July 2022: https://www.fcfcoa.gov.au/fl/fees/fl-fees
At the Collective Family Law Group, we offer a Fixed Fee agreement for many of these matters, in which we can help you with your Family Law journey. The best advice we can offer is to engage a Solicitor to Draft your Consent Orders for either Parenting or Property matters to ensure the best outcome for your future.
Here at Collective Family Law Group, we can support you through your Family Law Matter.
If you would like to book your free initial consultation with one of our family lawyers, you can call 5574 0971 or visit us at collectivefamilylaw.com.au.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
In today’s podcast, Caralee, the principle of Collective Family Law, discusses the difference between a community legal centre, legal aid and private practice and how each of these services may be able to help you in your family law matter.
Each of these services is important in our community; each offers a different level of service and suits different scenarios.
Legal Community Centres
Legal community centres are usually not-for-profit organisations that provide free information, legal assistance, referrals and community education for vulnerable people. They also provide an opportunity for legal practitioners or law students to volunteer.
Legal Aid
Legal Aid is a government-run organisation that offers legal assistance to people who need legal help, but may not be able to afford to pay a private lawyer. Legal Aid is means tested and if assistance is granted for some family law matters, usually parenting rather than property. You can receive Legal Aid funding by either going to Legal Aid or finding a lawyer that will do Legal Aid matters from their private practice.
Private Practice
This is a privately is a owned business provides family law services, just as we do at Collective Family Law. When you engage a private practice firm, you will need to enter into a costs agreement and agree to pay legal fees, which will either be billed at an hourly rate or a fixed fee. Some private practice firms offer a free initial appointment.
Here at Collective Family Law Group, we can support you through your Family Law Matter.
If you would like to book your free initial consultation with one of our family lawyers, you can call 5574 0971 or visit us at collectivefamilylaw.com.au or click here to book your free consultation https://lawtap.com/au/law-firms/collective-family-law-group
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Today on the podcast, Dannielle discusses how COVID-19 vaccinations have impacted the Family Court Circuit and discusses a recent case regarding Children and Vaccinations
Now that Australia has commenced vaccination of children in accordance with recommendations of medical bodies, the cases before the Courts involving disputes about COVID-19 vaccinations are coming in hot.
On 10 Jan 2022 Australia commenced vaccinations on children, so children from 5 years old can receive Covid19 vaccines.
There is case laws about traditional vaccinations on children. Those cases rely on expert evidence from medical practitioners and experts in the field. Covid-19 vaccination cases are no different. As with all cases about children in this jurisdiction the best interests of the child principal are the paramount consideration.
Generally, the Courts have accepted historically that immunisation is a safe and effective way to protect children and that children need immunisation against many diseases.
So, can the court order mandatory vaccinations?
Yes, they can.
In the absence of medical evidence supporting a child not be vaccinated, parents can expect more so than not, a Court to find vaccinations are to be in a child’s best interests and make Orders to ensure a child can and is vaccinated.
So, what are the Courts saying?
One of the recent cases from the Court is the case of Rusena & Rusena out of the FCFCOA out of Sydney in April 2022 (Rusena & Rusena [2022] FedFamC2F 472).
The Court was asked in this matter whether the children should be immunised against COVID-19. Seeking advice from expert witnesses and drawing from medical evidence.
Tune in to hear our Senior Associate Dannielle Young as she talks about vaccinations and gives a summary of what the Courts are saying and some things to consider.
Here at Collective Family Law Group, we can support you through your Family Law Matter.
If you would like to book your free initial consultation with one of our family lawyers, you can call 5574 0971 or visit us at collectivefamilylaw.com.au.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Today on the podcast, Caralee Fontenele dives into how you can negotiate your co-parenting arrangements with your ex in an effective manner to arrive at the right outcome for you and your children.
How do you get to a point where there is less turmoil and uncertainty and instead an amicable arrangement for parenting arrangements?
It is not always simple or easy, but implementing the tools that Caralee talks about on the podcast can help.
Tune in to listen to the podcast to learn how the following strategies can assist you:
-
Stay calm & collected - do not lose your cookies!
-
Communicate directly on the phone or via email - try to avoid text messages;
-
You need to listen! Allow the other person to feel heard; this will reduce conflict;
-
Be prepared to compromise. You need to do what is best for your children;
-
Try to establish a healthy co-parenting relationship with your ex; you will always be partners in parenting!
If you are in the midst of your negotiating and need advice and assistance with your negotiations, come see us! Arrange a time that suits you via Zoom by clicking the link here, or call us on 5574 0971. At Collective Family Law, we offer a one (1) hour free initial consultation with any of our expert Family Lawyers.
To visit our socials, see the below links!
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Today in the podcast, Caralee discusses how you can ‘win’ your family law matter.
There are many processes and ways to conduct your family law matter. It could be that you are doing it yourself, you’ve engaged lawyers, or you are in full-blown litigation and made applications to the court. Whatever it is, there are many ways of getting to an endpoint, which is to have certainty of the outcomes and to move forward with your life.
In terms of your family law matter, how exactly do you win?
Well, the truth is - in family law, if both parties are slightly unhappy, as lawyers, we have done our job. But, generally speaking, there has been a significant imbalance or injustice if we have one side is ecstatic and one distraught party.
In family law, there really are no winners - it is almost an impossible game to win, purely because you had everything together at one point, and now you are often dividing what is a lifetime of assets and of course, time with your precious children. So the truth is that you are going to come out with either less time or fewer valuables and this can be hard to accept. So nobody wins this situation; it is all about COMPROMISE.
The only way to win in family law is to quickly get to a point where you can live with the outcome. It is never nice at the time, but it is always best in the long run. You can win your family law matter by getting to the end, having certainty and moving on with a happier life. Winning is reaching a just and equitable settlement that is fair.
Here at Collective Family Law Group, we prioritise getting our clients through to the other end of their matter as soon as possible. Living in uncertainty and limbo long term, fighting and paying legal fees, is no way to live. We will deliver certainty so that you don’t have sleepless nights wondering where your circumstances lie.
If you would like to book your free initial consultation with one of our family lawyers, you can call 5574 0971 or visit us at collectivefamilylaw.com.au.
To visit our socials, see the below links!
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
“I WILL SEE YOU IN COURT!” The repeated threat in Family Law matters – but does it have any legs?
As lawyers, we hear it every day, “my ex said that they will take me to court if I don’t agree to …” or “I will see you in court, and I will win.” They huff, puff, and think that litigation is the answer, or at least they believe that threatening you with it will help them get what they want. Sadly I have also seen such threats appear in initial letters from lawyers to a self-represented party.
Well, I tell my clients all the time that they are just acting like an animal who fluffs out their chest or stomps their feet to try to appear more dominant. Don’t let the threat scare you or worry you.
The Family Law Act and the Rules of the FCFCOA mandate and expect that parties will attempt to resolve their dispute first before filing in court. The reality is that there are limited circumstances that would permit someone to rush off to court to file an application without going through a genuine attempt to resolve the dispute first.
So the threat you see is that most of the time, it has no legs to stand on most of the time.
Tune in and listen as I take you through why these threats sometimes are scare tactics and what this new term coined “genuine steps,” and what you will need to do to complete the Genuine Steps Certificate.
If you would like to meet with Dannielle Young herself, you can do so! Arrange that time that suits you via Zoom by clicking the link here, or call us on 5574 0971. At Collective Family Law, we offer a one (1) hour free initial consultation with our expert Family Lawyers.
To visit our socials, see the below links!
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Today on the podcast, Caralee Fontenele answers a list of frequently asked questions she often receives in initial consultations at Collective Family Law.
While you are in a Family Law process, it is common for people to feel intimidated by the jargon and confusing terms, but fear not! We understand that you feel overwhelmed, and this is uncertain and unknown territory for you. At Collective Family Law, we make it our top priority to ensure you leave your appointment with clarity - never confusion. We will explain your options for your family law matter until it makes 100% sense to you.
This podcast will allow you to take away the basic family law FAQ answers to focus on specific questions to your matter in your consultation.
The frequently asked questions that Caralee answers are:
- What is a Divorce?
- What is a Parenting Order?
- How does a Court determine a Property Settlement?
- Are there any time limits? If so, what are they?
- Do I need to formalise my Property Settlement?
- What is a de-facto relationship?
- Will they get half of my property?
Listen in as Caralee answers these most commonly asked questions that we get at Collective Family Law!
If you are interested in meeting with Caralee herself, you can do so via Zoom or in person! To arrange your free initial consultation - visit our website at collectivefamilylaw.com.au or call us on 5574 0971.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
On the Divorce Collective podcast, Caralee Fontenele follows on from last week's podcast, ' How Do I Separate Formally.’ This week, Caralee explains how long it can take to go through a separation and finalise a settlement so that you can move on to a brighter future.
The thing about separation is that you are living in limbo between separating from your partner and reaching a settlement - not a very fun one! Our goal at Collective Family Law is to ensure our clients are out of this uncertain, scary, and daunting limbo as soon as possible. Because you can’t truly be set free until you have reached agreements about how you will co-parent and divide your property.
So, how can you get through your separation limbo as soon as possible? The answer is not straightforward, and it depends on you and your ex-partner.
Every family law matter is different; there is a range of circumstances that can make family law matters more complex and therefore, they can take longer to settle. However, as a general rule between 3 months to 18-months of engaging a lawyer, you should be able to reach an agreement. Unless of course, your path is protracted litigation.
At Collective Family Law, it isn’t often that we have clients for longer than a period of 18-months, but it can happen if it is a particularly complex matter.
If you are currently in limbo and would like to get the ball rolling on your family law matter, see us for a free one-hour consultation! Via Zoom or in our Brisbane, Cleveland, or Gold Coast office, we can help anyone within Australia. To arrange a consultation with Caralee herself, call us on 5574 0971.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
In Australia, separation is more simple than you may think, and there are no formalities that apply to prove that you are separated. You do not need to apply to a Court or Government organisation nor fill out any forms whatsoever! In fact, you won’t even get a certificate to say you are separated.
So, with that being said, how do you separate? It is simple, one party needs to verbally tell the other party they no longer want to be in the relationship.
A list of things you may want to think about upon separating are things such as;
-
Telling organisations such as Centrelink, Medicare, or child support;
-
You need to make arrangements for your children by having a co-parenting agreement. This can be a verbal agreement, written agreement, or consent orders drafted by a lawyer;
-
You will need to communicate the separation with your family & friends; and
-
You will want to sort out your financial affairs, which is a property settlement. You will find plenty of podcasts on that topic in the Divorce Collective.
If you are interested in meeting with Caralee herself, you can do so via Zoom or in person! To arrange your free initial consultation - visit our website at collectivefamilylaw.com.au or call us 5574 0971.
CONNECT WITH COLLECTIVE FAMILY LAW:
Instagram: @Collective_Family_Law
Facebook: Collective Family Law Group
LinkedIn: Collective Family Law Group
Today on the Divorce Collective podcast, we extend on from last week's podcast about whether you needed to attend court or not while in the divorce process.
This week, Caralee answers the question, “Can I still apply for a divorce if I cannot locate my ex-partner?” If this is the case, it does make it a little more difficult; however, fear not! There are ways around this.
It is possible to apply for a divorce without knowing the location of your ex-partner. Once you have filed your sole application for divorce, you are required to serve a sealed copy (hard copy) of the divorce to your ex-partner in person. A process server often does this (we have an entire episode on what a process server is here.)
If you cannot locate your ex-partner, you can make an application to the court for what is called substituted service or a dispensation of service, as long as you can show the court you have made many attempts to contact your ex-partner.
If you are successful in your application for substituted service, you will be able to introduce a third party that will bring the attention to your ex-spouse as to the divorce. In minimal cases, the court will grant dispensation of service if you have taken all steps to serve, document, or bring it to the notice of your ex-partner.
Listen to the podcast to find out how you can apply or book your free consultation with us to find out more!
We serve all clients all over Australia and can arrange for a Zoom or in-person consultation!
Call us to book on 5574 0971 or visit our website at www.collectivefamilylaw.com.au
This week on the Divorce Collective Podcast, Caralee answers the frequent question: Do I need to go to court to apply for divorce?
It is important to remember that the divorce itself is administration and does not help you with property division or parenting arrangements. In addition, there are many more essential components to separating amicably and moving forward with your life other than filing for divorce.
You do not need to file for divorce to sort out your property and parenting arrangements, this can be done as soon as practical after separation. Where as to file for divorce you have to be separated for a minimum of 12-months.
You do not necessarily have to go to court when filing for divorce. However, this does depend on your circumstances! There are two ways to file for divorce: joint or sole applications.
To find out which application may best suit you and your circumstance, please listen to the full podcast or book a consultation with us!
Here at Collective Family Law, we offer a one-hour free initial consultation with one of our family lawyers. Unlike many law firms, we will let you know if you don’t need a lawyer because in a lot of divorce matters - you don’t! There are many methods two parties can take before retaining a lawyer.
Come in for a chat! Click Here or call us on 5574 0971.
Welcome to another episode of the Divorce Collective!
Today, Caralee Fontenele dives into why you shouldn’t overlook superannuation in the asset pool when going through your property settlement.
Superannuation is often a significant asset of the property pool for many couples outside the family home, and at times superannuation can be the most significant asset that couples have.
When pirates separate, it can often be overlooked as it is locked away, and it can appear not to be a tangible asset. This could not be further from the truth.
It can be a huge mistake and disadvantage to overlook splitting super, so ensure that you remember to consider this when entering your property.
Often women have a lot less super than men. Women have approximately 37% less super than men due to the inequalities in pay, and unpaid caring roles, such as raising children, which can affect a superannuation split.
In any event of separation, a ‘super split’ can be considered - however; there are some rules need to be followed when it comes to compliance around superannuation.
At Collective Family Law we often assist people in negotiating a superannuation split. To learn more, listen to the podcast!
If you want to gain advice on your family law matter, we offer a one-hour free Initial Consultation. This can be via Zoom from anywhere in Australia. If you want to arrange your appointment, you can click here or call 5574 0971.
This week on the Divorce Collective, we have Caralee Fontenele explaining how you can get a Stamp duty exemption when you go through a separation and want to transfer jointly held property into one of the parties names.
When you have real estate that makes up a portion of your property pool and the property is held in both parties names, there are two options when it comes to working out your property settlement. You can either sell the property, or one of the parties retains the property.
If one of the parties decides to retain the property, that party will have to seek advice for a mortgage broker or their bank to see if they can borrow the funds to be able to re-finance. There is often a misconception that you can just switch the name of who owns the property and take their name off the existing mortgage - this isn’t the case; you will need new finance and discharge the existing loan.
To find out exactly how the stamp duty can be waived, listen to the podcast!
Listen to the full podcast here!
If you want to gain advice on your family law matter, we offer a one-hour free Initial Consultation. This can be via Zoom from anywhere in Australia. If you want to arrange your appointment, you can click here or call 5574 0971.
Today on the podcast, Director Caralee Fontenele will be speaking about what happens in the event that either parties have lent the couple funds to purchase a property. Do the parents get paid back?
The Australian Financial Review found that “Mum and dad are the ninth-largest lender of loans in Australia!”
The Family Court has a wide range of powers when determining the financial matters between married parties. The crucial distinction between monies loaned or monies gifted is what is explored. The answer to the question can range regarding the consequences of these loans or gifts and how these monies will be treated in the Property Settlement.
If parents of adult children want to gift money, that is fine, but they have to understand that it is a gift to the couple - not the individual child.
If parents want to loan money to the couple, they can do a few things to protect their loan in the circumstances of a relationship breakdown.
These may be:
- Draft a loan agreement;
- Draft a BFA;
Without these documents, it can be tricky, although having an email trail, monthly payments, any source of proof that this was indeed a loan will assist you in ensuring you see the loan returned.
Listen to the full podcast here!
If you want to gain advice on your family law matter, we offer a one-hour free Initial Consultation. This can be via Zoom from anywhere in Australia. If you would like to arrange your appointment, you can click here or call 5574 0971.
This week in our Best Of Series, we have one of our top-rated episodes - 'How To Choose Lawyer?'
If you identify that you need a lawyer, the next question is which one do you choose? This can be daunting because it is likely foreign to be in a position where you need to retain a lawyer. You also have to make crucial decisions on your own, maybe for the first time in a long time.
It is natural to have concerns around which lawyer to retain, what the fees will likely be and whether they will give you the best advice possible. Listen to our tips on how you should choose the right family lawyer for you and your situation.
Listen up as Caralee dives into the reasons you should consider before retaining a lawyer for your matter.
To find out more, visit collectivefamilylaw.com.au
This week in our 'Best of Series' we are discussing the difference between Parenting Plans VS Consent Orders. Life after separation is a difficult time for most people, add the extra worry of having to work out how your children are going to spend time with each parent, and there is no wonder why parents can be left feeling overwhelmed. However, if you and your ex-partner can agree about the care arrangements for the children, there are two options available to make moving forward with family life after separation more amicable, either by way of a Parenting Plan or a Consent Order. But what is the difference? Let me explain and help you understand which may be best for your family law matter. To arrange an initial consultation with one of our Family Lawyers to discuss which option is better for you call us on 55740971 or visit our website at collectivefamilylaw.com.au.
Over the next few weeks, we will be posting our 'Best Of Series' podcasts! These podcasts have been our most raved and reviewed, therefore we don't want you to miss out on the best tidbits of information from 2021!
This week we are going back to our podcast titled, 'How To Get A Divorce' hosted by Dannielle Young.
Separation and getting a divorce isn’t always a pleasant experience, however we challenge you to reframe your mindset. Divorce is a time to reset and recharge, ready for the next chapter in your life. Not all storms come to disrupt your life, some of them come to clear you a path forward! Divorces are sometimes very simple! For the DIY divorce kit that Dannielle mentions in the podcast, please click here. Otherwise, if you would like to know if you will need a lawyer or not, come in or meet via Zoom with one of our lawyers. We offer a free initial consultation, so you can gain clarity, understanding and move forward with your life. Call us on 5574 0971 or click here to arrange a time that will suit you.
Today on the podcast, Caralee Fontenele guides you through the ten steps to negotiate a property settlement without a lawyer.
Did you know it is possible to settle a family law matter without retaining a solicitor? Whether you want to engage a lawyer or not for your family law matter, it is important to attempt to open up the lines of communication between you and your spouse so that you can start to negotiate an outcome to resolve any family law disputes. Of course, not everyone can do this successfully - if they could, family lawyers would be out of business! Many people cannot resolve their family law matters without the help of a lawyer, but if you follow these tips, you may be one of the fortunate ones.
Every person going through separation and divorce hopes to negotiate a fair and equitable settlement without engaging lawyers. However, suppose you are successful in your negotiations. In that case, it is our advice always to get a family lawyer to draft orders for you at the end to finalise your matter correctly.
Today, we have ten steps to assist you in negotiating your property settlement without a lawyer:
- Write down your assets and liabilities at the time you and your partner commenced your relationship;
- Write down a list of all the assets you have now, no matter whose name they are in;
- Write down all the liabilities you have now as well; everything needs to be listed;
- Calculate your NET amount to determine what the property pool is;
- Ask your partner for any documents that you are unsure of. I.e., superannuation statements, etc.
- Try to reach a fair agreement for who will retain each property;
- Understand the differences and disparity to find the parts you agree/disagree on;
- Set time boundaries around negotiations;
- Reach a middle ground & attempt to finalise agreements;
- Go to a solicitor and get consent orders or a BFA drafted!
To listen to the in-detail explanations of each step, listen to the full podcast!
We are here to help - Zoom or in-office; we service clients all around Australia and offer a 1-hour free consultation! Call us on 5574 0971, or click here to find a time that suits you.
Today on the Divorce Collective podcast, Caralee Fontenele answers the question:
If you are going to move in with your partner, should you be getting a prenup? Also, what is a prenup?
To put it simply, if you want to protect your assets in the case that in the future your relationship breaks down - yes, you should consider a prenuptial agreement.
A prenuptial agreement technically is a Binding Financial Agreement (BFA). A BFA can be drafted before, during, or after the relationship.
The Family Law Act provides that a couple is considered de facto once parties have lived together for 24 months or more. De facto is deemed to be the same laws to property rights as married couples. Therefore, you don’t have to be married for your partner to claim your assets, nor have they had to have made any contributions to your assets.
If you have greater assets than your partner, it is important that you seek legal advice about getting a prenuptial agreement (BFA) drafted to protect your assets in the case that your relationship breaks down.
Essentially, a prenuptial agreement is a document that a family lawyer drafts for you, and it contracts you out of the Family Law Act (as stated above.) The other party must obtain independent legal advice for the BFA to be binding.
They are a complex document, however, they can be well worth the effort and investment in case your relationship comes to an end at some point in the future.
If you are interested in discussing a potential Binding Financial Agreement, come in and see one of our family lawyers. We offer a 1-hour free consultation to ensure you understand and gain clarity on your situation. Call us on 5574 0971 to arrange your in-office or Zoom consultation!
There are many ways to separate, and separation is different for every couple that are parting ways. There is no right or wrong way to separate, and it is important to not compare your situation to others who have been through a divorce.
There are four different ways to go through separation to get the best outcome, and essentially - move on with your life!
The sooner you get to final arrangements by either Consent Orders or a Binding Financial Agreement - the better, as this gives you certainty and the ability to move forward.
So, how do you reach a final agreement for your property and/or parenting matters?
-
Kitchen Table Negotiations & finalise with Consent Orders;
-
Having a mediator help you both;
-
Get independent legal advice and lawyer-assisted negotiations; or
-
Attending court.
In today’s podcast, Caralee breaks down these four pathways.
If you would like to take action in your separation so that you can move on to a brighter future, make an appointment to at least get initial advice! All too often, we see clients who have not taken action sooner, resulting in a more expensive & prolonged experience. The sooner you start sorting your family law matter out, the sooner you get to move on! Stop putting it off!
Here at Collective Family Law Group, we offer a one-hour free initial consultation. This will allow you to be clear on where you stand and the best next steps for you moving forward. Our team specialises in only family law, so they are the best of the best!
We offer consultations via Zoom or in our Gold Coast, Brisbane, or Cleveland offices. Click here to find a time that suits you, or feel free to call us on 5574 0971.
Today on the podcast with have Collective Family Law Group's Dannielle Young joining us to discuss a few tips regarding separation as we approach the holiday period. Also, did you know there is a cut-off date to file if you need the Court to determine holiday time? Well, there is so listen in!
Christmas is meant to be a joyous time for families, and especially children yet the sad reality is that this Christmas there will be children embroiled in conflict and parents who won’t be seeing their children at all.
Here are some tips to help you make a joyous Christmas through separation:
- Be prepared and take action on a plan sooner rather than later;
- Be amicable - come on, It’s Christmas!
- Christmas is about family… not just your side of the family;
- Make NEW traditions;
- Remember tip 1! Come and see us to make arrangements for Christmas now! Earlier the better.
Christmas is one of the most memorable occasions of the year. To make the most out of your Christmas and ensure the children have an excellent festive season, arrange a free initial consultation with one of our fantastic lawyers!
To listen to these steps in detail, and find out exactly how you and your children will benefit this Christmas - listen to the full podcast!
Zoom or in office, we service clients all around Australia and offer a 1-hour free consultation! Call us on 5574 0971, or click hereto find a time that suits you.
Today we are myth-busting: If my partner is paying rent while living at my property, am I protected?
When a new partner moves into your property, there is a common misconception that if your partner signs a document to say they are contributing to the rent or create a DIY agreement, this will protect you and your property in the long term.
This statement is false and will not protect you in any family law proceedings.
Now, let’s fast-forward five years as an example. Family Law in Australia provides that all assets of the relationship are a part of the property pool, no matter who has contributed to the asset or how the asset became part of the pool. So it doesn’t matter what name the property is in or how parties have been paying for it. What it means is that you are now subject to what the Family Law Act prescribes.
So, how do you protect your property when your partner moves in with you?
A Binding Financial Agreement (BFA)
A BFA is a document that allows you to protect your property interests in the event of separation. BFA’s can be drafted before, during, and after the relationship. A BFA is the best way to ensure that if you have a partner moving into your house, your property is protected if you separate.
If you would like to arrange an obligation-free meeting with one of our Lawyers to discuss how we can get you a BFA - call us on 5574 0971, or click the link - https://lawtap.com/au/law-firms/collective-family-law-group to arrange a time that best suits you, We offer Zoom, or in-person consultations - the choice is yours!
This week on the Divorce Collective Podcast, Caralee Fontenele is chatting about what happens when you have an affair and how it affects your family law.
We receive a frequent question in our initial consultations at Collective Family Law, which is:
Does infidelity affect your Property Settlement or Parenting arrangements?
Often in movies or as a general idea, we think that if someone does have an affair, they have been the cause of the marriage breakdown, so they less.
There are some truths to this in some family law jurisdictions, but not in family law in Australia as we have a ‘No-Fault System.’
This means that if a person has been unfaithful in the marriage or any other wrongdoing, there is no penalty. The Court doesn’t consider which partner was at fault in the marriage breakdown. The only ground for divorce that is considered is the irretrievable circumstances of a relationship, which is proven by spending 12-months separated.
Some of the factors that the Court considers are:
- The financial contributions of each party;
- The length of the relationship;
- The non-financial contributions of each party; and
- The future needs of each of the parties.
As family law solicitors, we look at these factors and give advice on a person’s legal position on this alone, not whether or not there has been a wrongdoing. If you are in a situation where you have had an affair, you need to fear not.
To speak to one of our family lawyers in-depth about your family law matter, click here or give us a call on 5574 0971. At Collective Family Law Group, we offer a 1-hour free initial consultation that is also 100% obligation-free.
This week we have Senior Associate Dannielle Young running through what Arbitration is. Arbitration isn’t a new term, however, it isn’t as recognized as it should be. This may change having regard to the Federal Circuit and Family Court’s emphasis on dispute resolution that has come about since the court merger on the 1st of September.
Arbitration is an alternative to litigation for financial matters. It helps families settle their property matters much quicker than it has historically taken to get these matters heard and determined by a Judge. Cases referred to Arbitration could have their matters finalized in a matter of 3-6 months.
An arbitrator is an independent person who hears the matter. They don’t act or advocate for either of the parties. They are highly experienced lawyers and usually family lawyers who have completed accredited training and are named as an accredited Arbitrator. Their role, is to consider the evidence from the parties and decide the property division.
Parties can usually have input as to how the Arbitration takes place. After the Arbitrator is appointed, they usually send an agreement to parties that sets the terms of the engagement and costs. The arbitrator usually schedules a preliminary conference with the parties and during that process things like, the issues in dispute, the application of the rules of evidence that are to apply, whether the parties require an in-person hearing, and other necessary issues for the property management and arbitration are discussed.
Once the matter is heard, the arbitrator must provide each party with an award and their reasons for the determination and outcome. The time frame is usually much quicker than waiting for a judgement to be delivered by a judge in our Courts. The Award is intended to be final and to settle all the matters between the parties. The Award can be registered and thereafter enforceable.
The main advantage to Arbitration is efficiency. It is likely that the whole Arbitration process can be completed in a 3-6 month period. The arbitrator has to produce their Award in a set time which is different from if there was a hearing in the courts. Arbitration is also very cost-effective, it has personal benefits, more control, and flexibility.
To find out more about Arbitration, listen to the podcast as Dannielle Young gives a full rundown on why Arbitration could be a good option for you.
Otherwise, to have a free initial consultation with one of our lawyers in one of our offices or via Zoom, click here!
Welcome back to another episode of the Divorce Collective Podcast!
Today Caralee is joined by Collective Family Law’s Mark Jackway to cover the discussion about whether or not the law favours women. A common thought or myth is that men in Family Law circumstances can end up with unfair outcomes.
The family law process in Australia is set up in a way that attends to both parties. As a result, many men can feel that they get unfair outcomes; however, this is false.
This belief often comes from online groups or people who have not reached an ideal outcome who sway their opinions and experiences onto other people. It is vital to remember that every family law matter and circumstance is different.
If you read the Family Law Act you will find no leaning towards or against particular sex in the family law system.
The family law system focuses on circumstances rather than the sex of the person and their relationship. So in terms of parenting and property division, where people can feel that it's an unfair situation, it is most certainly not because of your sex, but rather the circumstances of the relationship.
The key here is that the Family Law Act doesn't prescribe males or females to get different entitlements. So if you want to know what your legal entitlements are, rather than rely on Facebook groups or friends down the road, come in and get proper legal advice around your circumstances because they might be very different from anyone else's.
If you have other questions and would like an obligation-free initial consultation, click here or call us on 5574 0971.
Until next time!
Welcome back to another episode of the Divorce Collective Podcast!
Today Caralee Fontenele discusses whether or not you can file for divorce if the other party does not want to sign the divorce papers or refuses to participate in finalising the divorce.
If your ex refuses to sign the divorce application, you are not alone! It happens often. There can be many reasons why the other party doesn’t want to sign it, but whatever the reason is, it doesn’t matter because you can make a sole application.
There are two ways that you can file for Divorce.
- File a joint application;
- File a sole application.
Therefore, you do not need to have your spouse agree to the divorce application - instead, you can sign a sole application to get divorced. So, don’t panic; you aren’t stuck being legally married to your ex-partner!
What happens in a sole application is that the party who wants to get divorced will fill out the application for the divorce. You will then tick the box that says sole application rather than joint application.
Please note, if you are the one making the application, you will be the one that is required to pay for the filing fee, which at the time of this article is $940.00, or if you have a concession card, they are $310.00. These prices are as of July 2021 - They do update these fees often. To see if they have updated, you can go to www.fcfcoa.gov.au to find out.
Once the application is filed online, you are obliged to serve it upon them physically through a process server or another person other than yourself.
What does that mean?
Once your application is filed, you will have a court date that your divorce hearing will be heard by the court. Currently, the wait it is 3-4 month between filing and your appearance in court. Once you have filed, you will need to serve your application to the other party at least 28 days before the hearing. This service must be delivered by hand to the other party by someone other than yourself. For example, a friend, a relative, or a process server. The earlier you serve - the better!
You can hire a lawyer to file your divorce, but you can do it yourself. If you are unsure and would like an obligation-free initial consultation, click here or call us on 5574 0971.
Until next time, you have got this!
Today, Caralee Fontenele will be diving into the most significant question we get as family lawyers, how much will it cost to separate?
Well, to answer the question, it does depend on the type of separation you have. If it is relatively amicable, and the parties want to move quickly - of course, it will cost less. The best way for it to cost less in legal fees is for your to reach an agreement for parenting and/or property quickly and finalise it by way of Consent Orders or a Binding Financial Agreement, which should be drafted by a family law solicitor.
If the matter is complicated and becomes a very protracted process, it will cost you more and take a lot longer. The rule of thumb is that the longer it takes to resolve your separation, the more it will cost you emotionally and financially.
The best way to keep your legal costs to a minimum when separating is to agree on how you will divide and separate your property and co-parent your children amicably. However, this is not possible for many divorcing couples. If you reach an agreement, you only need a lawyer's involvement to draft consent orders to finalise your agreement. The costs of this are minimal in comparison to negotiations or litigation.
If you can’t reach an agreement with your ex-spouse, you may need a family lawyer to assist you in negotiations. Depending on your property pool, family, and any complicating factors such as mental health issues or complex issues, legal fees can range from $10,000 to over $100,000.
The majority of people can resolve their matters quickly, especially when they engage a skilled family lawyer. If it is the case that your matter can resolve quickly, the legal fees will be much less than if it is prolonged.
You have to remember; it has taken time to build the life that you have, so it will take time to sort out your family law matter.
If you need family law advice, we are here! Zoom or in office, we service clients all around Australia and offer a 1-hour free consultation! Call us on 5574 0971, or click here to find a time that suits you.
Today, Caralee Fontenele will be speaking to us about whether or not you are entitled to any of your ex's assets.
So, are you entitled to any of your ex-partner’s assets? Let's jump into the podcast!
If you are married, financially contributed to the relationship, or have lived in a de facto relationship, then the answer is YES; you are entitled to a property settlement.
The Family Court uses the Four-Step Process, which has been spoken about in the podcast on episodes 11, 12, 13, 14, and 15.
A brief explanation of the Four-Step Process is as follows:
- You identify and value all of the existing properties of both parties; it doesn't matter what name it is in;
- You assess the contributions, both financial and non-financial, to the welfare of the family;
- You consider the future needs of each party, is there one party that is going to suffer more financially than the other?
- The court must determine if the overall result is just and equitable concerning the other steps.
It is essential to note that all contributions, financial or not, will be considered. It is important that you seek family law advice from a family law solicitor so that you can make the right decisions moving forward.
If you would like to meet with Caralee herself, or one of our family lawyers, click here or phone us on 5574 0971 to arrange your free consultation.
Today on the Divorce Collective Podcast, Caralee Fontenele guides us through what spousal maintenance is and who is eligible.
Spousal maintenance is a remedy prescribed in the Family Law Act for a former spouse to seek financial support from their ex-partner after separation. Spousal maintenance can be periodic or lump-sum payments made by one of the parties to the other, either during the separation period, at settlement, or, less commonly, on an ongoing basis.
It is a financial payment separate from child support: this type of payment supports an ex-spouse rather than the children of a marriage. If one party needs financial support and the other partner has the ability to pay, then the person with the need may be entitled to bring a spousal maintenance application.
Spousal maintenance can be either agreed upon without the parties attending court or, if an agreement cannot be reached, an application can be made to the court seeking orders for spousal maintenance.
Spousal maintenance applications can be complex. It is important that you seek legal advice if you want to seek spousal maintenance or an application has been brought against you.
If you need family law advice from our legal team, call us on 5574 0971 to arrange your free initial consultation!
This week on the Divorce Collective Podcast, we have another great episode from Senior Associate Dannielle Young, covering the changes coming to Family Law on 1 September.
The Family Law system is in for an overhaul! It is happening, and the changes will commence on 1 September 2021. The “merger marks one of the most significant structural changes to the family law system since its establishment of the Family Court in the mid-1970s,” said NSW Law Society president Juliana Warner in her opening remarks to the Chief Justice’s address last week.
The Chief Justice is confident that despite criticism the merger has been getting from the profession and stakeholders that “the level of specialisation in the court is growing, not decreasing.”
But what does it all mean?
The “overarching purpose” of the new practice and procedures is to facilitate the just resolution of disputes (1) according to law and (2) as quickly, inexpensively, and efficiently as possible.
How will they do that?
Let’s start with the harmonised rules...
Then there is the updating of practice directions. There will be specific practice directions that each deal with a discrete area or application type. As far as we know, there will be 14 clear practice directions.
The merger intends to bring with it a single central case management practice direction. There will be a National Contravention List introduced. The plan for this new Contravention List is to deal with allegations of breaches of Court Orders swiftly.
The new procedures will introduce a “genuine steps certificate,” not dissimilar we understand to the s60I certificate, except it will not be mandatory to mediate property before filing.
After pre-action procedures and filing, there will be a first Court Event aimed to take place within 6-8 weeks of filing. The next court event will be an interim hearing but only where necessary. Child impact reports will be introduced.
The next step will be dispute resolution, which will occur within 5-6 months of filing. If not resolved, there will be a compliance event and then a trial.
Trials are aimed to be done within 12 months from the date of filing, and judgments will be aimed to be delivered within 3 months from trial.
To discuss your family law matter in-depth with one of our family lawyers, give us a call on 5574 0971 or click here - https://lawtap.com/au/law-firms/collective-family-law-group
to arrange a time that suits you! We offer a free initial consultation that is 100% obligation-free. Unlike many lawyers, we will let you know if you don't require our services, and you can gain peace of mind from your hour with us!
When there is a relationship breakdown - what does that mean for the grandparents? When grandparents hear that their child's relationship is on rocky territory, it is scary as to what might happen. Unfortunately, there is nothing specifically in the Family Law Act regarding grandparents' rights; however - don't be alarmed! There is nothing in the Family Law Act about a parents rights either. It is all about the children.
Grandparents can have standing to make applications to the court if they need to because children have the right to spend time and communicate with all people who are significant in their lives, including grandparents and any other relatives.
Orders for children to live with a grandparent might be trickier but might be necessary! Think for example where the parent(s) don't have the capacity to care for the child and the Court is satisfied that the parent cannot meet the child's needs. In those circumstances a “live with Grandparent” Order might be required.
This is often the outcome of matters where parents have substance abuse addiction and unable to care for a child, where a parent has displayed neglect or lack capacity in some way to care for the child. Sometimes there are also matters where the grandparent has been the significant or primary carer, and perhaps the court needs to make orders for the child to spend time with the grandparent - upon the parents themselves coming back to resume time with the child. Everything is determined on individual merit, as all matters are.
It is vital that grandparents don't lose faith or give up immediately and they obtain some legal advice to know whether and what case they have. Grandparents often play a significant role in children's lives, which should continue to flourish no matter their parents' situation.
If you would like to meet with Dannielle Young or one of our other great lawyers, arrange a free initial consultation by clicking here! Unlike many law firms, we are obligation-free and will quite simply let you know if you don't need a lawyer or if and how you might be able resolve your matter without us. If you do need us then we are here waiting to help you through!
A Callover is a special event in the courts whereby the court lists the number of matters that aren’t already listed for allocated trial dates. They are typically placed before a judge or Senior Registrar and here is Brisbane we are amidst of a massive Winter Callover before a number of Judges.
The purpose of a Callover is to list your matter for a court date or trial, however, it does have another purpose which is for the Court to assist where they can to limit the issues needing determination and get a resolution to the matter, either that day or though some form of dispute resolution.
There are a large number of matters listed on the day, and there is no real-time to run any legal arguments because of the large number of matters before the court. The Judge on the day has the ability to order parties on the day to dispute resolution and there are usually mediators who are on standby at the court.
Are you a party whose matter has been listed in the Callover? If you are click on the link below and listen as Dannielle takes you through what it is, what its designed for and some helpful information about what to expect and how to prepare for the Callover.
Otherwise, if you would like to meet with Dannielle or one of our other great lawyers, arrange a free initial consultation by clicking here! Unlike many law firms, we are obligation-free and will quite simply let you know if you don’t need a lawyer or if you can resolve your matter without us.
When going through a divorce it is vital to protect children from the long term effects conflict can have on them. Seeing two parents' emotions toward each other drastically change can be harmful and can mentally affect the livelihood of these children.
Today, Senior Associate, Dannielle Young will be following up on her last podcast (which outlines some devastating effects of conflict on children) and diving into some tips to avoid conflict in front of children, when going through a Divorce or separation.
- Keep Your Children Out Of It
Examine your own role in feeding the conflict. Be conscious that relationships and the behaviours that you are displaying, will essentially display on your children. Your children learn, and absorb all you do, so how would you feel if your child was displaying or receiving your behaviour?
- Control Your Emotions
Easier said than done? Yes. However, once you learn to control the outbursts and ensure your conflict isn’t displayed in front of children, you will find it to be more productive when communicating your issues, and your children will be spared the disturbance that these outbursts will cause.
- Don’t Vent In Front Of Your Children/To Your Children!
You may feel that this isn’t harmful in the moment and as your children grow older they actually try to be more supportive of their parents. However, they are not your friends. Venting to your children will put your children (no matter their age) in an awkward situation, and eventually end up confusing your children as to how they should feel. If you need to vent, pick up the phone and call your friend!
- Your Children Are Not Your Messengers!
An issue we often see is that parents use their children to get messages across to the other party. This is putting your children at the centre of your conflict when it is vital to do the exact opposite and keep them out of it! This puts pressure on your children and can often lead to conflict with the child if the receiver doesn’t appreciate the message.
Communicate directly with your ex-partner, do not tell your children or allow them to hear your negative opinion. Your children are entitled to have their own relationship with the parent, without your negative influence.
- Reframe The Language You Are Using
Try reframing “I need you to do ABC.” to “Would you be willing to do ABC?” or “Could we try ABC?” Don’t use language that gets misconstrued as making a demand as this has the unlikelihood that this will be met with satisfaction from the other party. Honey, not vinegar!
- Pick your “battles” and try to not sweat the small stuff.
If you need to gain advice on your Family Law matter and understand how to manage to protect your children from your divorce conflict, get in touch! Here at Collective Family Law, we offer Free Initial Consultations, where you can meet one of our lawyers in person or via Zoom! Call us on 5574 0971 or click here to arrange a time to suit you.
This week, Senior Associate, Dannielle Young talks about how devastating the effects of exposure to conflict and unhealthy relationships can be on children. There is qualified research that shows parents fighting and arguing affects children's mental health, and physical health - long term. It is vital for parents to have a look through different lenses about what is happening in their separation and perhaps how they better the situation in order to not affect the children. This podcast will be followed up next week with some tips to help parents reduce the conflict and the harm to their children.
Research shows that high conflict marriages or separations take a major toll on a child's mental health. It can range from issues such as insecurities, the child’s relationship with a parent, it can physically & mentally interfere with the child’s development and the list goes on.
Children in high conflict families are more likely to have issues surrounding depression, relationships, and the ability to feel safe. Sadly, there are several studies that relate to children’s exposure to family conflict being linked to several eating disorders such as Bulimia, and/or Anorexia. Therefore stating that the exposure to these conflicts is not only phycological, however, can result in severe physical effects if we don’t take control of what we are exposing them to when separating.
There are also studies to show the risk of children developing substance abuse problems is increased when children are exposed to conflict over a long period of time.
Children who are in conflictual situations post-separation, or raised in high conflict homes, are sadly more likely to view family relationships in a very difficult light and often have that same view on their own self-esteem. Children have the right to have positive outlooks on healthy relationships and be aware of their self-worth without any previous knowledge of what can occur in their own family.
So whilst you may feel like conflict with the other partner isn’t a big deal to your kids, it is actually a massive deal to them. They see how you handle disagreements and they learn problem-solving, emotional regulation, and conflict resolution skills directly from you! It is really important to be aware of these effects and act accordingly to ensure your children grow up with full potential, and are oblivious to the conflict between you and your ex-partner.
If you need to gain advice on your Family Law matter, and understand how to manage to protect your children from your divorce conflict, get in touch! Here at Collective Family Law, we offer Free Initial Consultations, where you can meet one of our lawyers in person or via Zoom! Call us on 5574 0971 or click here to arrange a time to suit you.
This week, we have Dannielle Young on the Divorce Collective Podcast talking all about DIVORCE!
Dannielle will be diving into all topics, from when you can get a divorce to what happens on the day you attend court and how you can actually get a divorce. This podcast will help you file divorce without having the legal costs of a lawyer to do that for you.
Here at Collective Family Law Group, unlike many law firms, we will tell you when you might not actually need a lawyer at all - we want to help you no matter what situation you are in!
- What do you need to divorce in Australia?
- Where do you find the Application for divorce?
- How long must you wait until you can apply for a divorce and receive your divorce certificate?
- What type of divorce Applications can be made?
- Do both parties need to agree to a divorce?
- What happens once you file for a divorce?
- What information will a Registrar need to be satisfied with to grant your divorce?
Separation and getting a divorce isn’t always a pleasant experience, however we challenge you to reframe your mindset. Divorce is a time to reset and recharge, ready for the next chapter in your life. Not all storms come to disrupt your life, some of them come to clear you a path forward! Divorces are sometimes very simple!
For the DIY divorce kit that Dannielle mentions in the podcast, please click here.
Otherwise, if you would like to know if you will need a lawyer or not, come in or meet via Zoom with one of our lawyers. We offer a free initial consultation, so you can gain clarity, understanding and move forward with your life. Call us on 5574 0971 or click here to arrange a time that will suit you.
Until then, remember - you have got this!
Welcome to another episode of the Divorce Collective Podcast!
Choosing a lawyer can be very foreign, as it may be that you have never needed a lawyer before. It can be natural to worry about engaging a lawyer, what they will do to help you, what their fees are going to be, and whether they will suit you or not. Don't worry; we have got you! Today, Caralee will run you through the top tips when retaining a lawyer for your family law matter.
- Go to a law firm that SPECIFICALLY practises in family law!
There are many lawyers, but they don't all practise family law. We think that it is really important that when you retain a lawyer, you choose an expert in a specific area. At Collective Family Law, we are a law firm that only practises family law, so we know exactly what we are doing and work with hundreds of clients each year.
- Find a lawyer by looking at Google or referral
When you go to Google, you can look up lawyers' star ratings, reviews, and often an idea of who they are and what they have studied. Having a referral is excellent. However, you may not know anyone that knows a family lawyer. If you do - trust an excellent recommendation!
- Interview the lawyer before you retain them
Often law firms will offer an initial consultation so that you can receive initial advice and also get a feel for who the lawyer is and if you want to work with them. If you don't feel comfortable with the lawyer you are with, or perhaps you don't quite understand what they are saying - go and speak with another one! There are many incredible lawyers out there for you to settle with a mediocre one! It's your family, your money & your future, so it is essential that you are 100% happy with them.
- Align your values with the lawyer you choose
Different lawyers have different styles. Some lawyers are all about putting their gloves on and getting to court ASAP. Whereas others are more collaborative, try to resolve the matter outside of court, for example. Think about what your values are, and ensure they align with your potential future lawyer.
- Go with your gut!
It doesn't matter how much experience or how many plaques are placed on their wall. What matters is whether or not you feel safe, comfortable and you trust this person. Go with your gut!
- Ensure you feel listened to and valued
There is nothing worse than being talked at rather than to. If you don't understand something, you need to be able to communicate that with your lawyer and for them to listen and explain to you what is going on in your matter.
If you got value from this week's episode, leave us a review! Until next time, you have got this!
To get in touch with us, check out the below!
? Book a Free Initial Consultation with Collective Family Law
Domestic violence is a shattering thing that some families go through, surviving the abuse and removing yourself or your family away from the situation is the first step toward choosing a positive path. However, it can be a long journey as sometimes it can be hard to recognize that you are in a domestically violent relationship.
The thing about domestic violence is that you, as the victim, feel as though it is your fault or you aren't good enough and because there is so much ingrained emotional abuse over the years, it can be really hard to find peace emotionally and look to the future in a positive way. When the abuse is over and you have made arrangements for your future life, you might expect to feel happy, however, it can take more than that to feel great again.
Here at Collective Family Law Group, we have the top three tips on how you can make a positive decision and reclaim your happiness after separating from an abusive partner:
1. Understanding the cause of the violence:
Once you have separated from your partner, understanding why the abusive behavior started in the first place and understanding that it isn't actually about you at all. Potentially, there are many reasons that cause a person to be domestically violent, but you are not one of them. Some factors, that contribute to domestic violence in Australia range from:
-
Childhood experiences;
-
Life shift/trauma;
-
Insecure, financially, emotionally, and physically;
-
Gender-related aggression; and/or
-
Abuse of drugs and alcohol.
2. Look after yourself & make positive decisions focused on you:
Regain your lost confidence by looking after yourself during this healing process that you need to travel through. You won't be able to achieve everything right away, which is expected because it is a journey where you make your lifestyle how YOU want it to be! Bring the focus back on you! Sometimes you need to make big changes after separation, but don't be afraid - you can do this, you don't need anyone else!
3. Seek professional help:
If you feel as though you are being restricted from moving on, speak to professionals and gain legal advice. Here at Collective Family Law, we know exactly what to do even when you don't. If you need some advice, free of charge and obligation, book an initial consultation by clicking the link below.
https://lawtap.com/au/law-firms/collective-family-law-group
This week on the podcast, we have Dannielle Young joining us to discuss a common myth that we get as Family Lawyers, at what age do children get to make their own decisions on when they see the other parent.The answer to this question is... There is no age! They are children until they are 18 years of age.Even though children are meant to be children until they are 18, there are avenues in the Family Law Act that set out those considerations that lawyers and judges have to have when determining parenting matters.The legislation governing parenting matters here in Australia is the Family Law Act 1975, which has got a whole array of considerations that need to be taken into account or should be taken into account when we determine what time children should be spending with each of their parents.The myth that comes in, where people believe that children can make up their own minds at certain ages, comes in when we look at section 60cc, subsection 3a. From a legislation point, we look at how we determine the children's best interests, with their best interest being considered to the court.To hear what the child's best interests are that are considered by the court when determining the time spent with parents, listen up!
If you aren't sure where you stand in your family law matter, and would like to come for a free initial consultation to discuss your situation, please feel free to contact us on 5574 0971 or email us at admin@cflg.com.au. Otherwise, please choose a time that suits you with the link below!
https://lawtap.com/au/law-firms/collective-family-law-group
The first year after separation is the toughest, devastating, distressing, and most challenging period.
Part of the difficulty for most people is that you are required to face a very new reality. There are many decisions, firsts and often conflicts all whilst you are figuring out who you are as a single person. This is all very overwhelming. You may feel as though you simply won’t survive it - but trust us, you will.
Depending on how your separation has come about, whether it be your decision or a decision that has been made for you, there are a magnitude of emotions that mourn your relationship - If that is how you are feeling, we have got you!
Here are our tips for surviving your first year of separation…
Spend time doing you!
When there is so much drama in your life, it can be so consuming that it takes up a lot of your time, thoughts, and conversations. It is essential to reboot, recharge and spend some time doing you! Write a list of things you love to do, and do them for yourself!
Join a community
Going through a divorce or separation can be a lonely process, some family and friends shy away from the drama and perhaps never return. Create a community around you, find some like-minded Facebook groups that you enjoy, it doesn’t have to be about separation, it might be a new hobby that fills your cup!
Let the sadness and grief flow.
When you go through this trauma, it is imperative to feel all the feels rather than cover them. Go and see a specialist or a counsellor who can guide you through your emotions and help you as you move through unknown territory. If you don’t deal with your emotions, often the process can be delayed, and you find yourself bottled up with unfelt emotions later down the track.
Find a wise old owl…
It is an excellent idea to find someone wiser, older, and has more experience in the breakup department than you. This person needs to be an empowering, positive mentor who can be there in your life for you. Reaching out for help is never a weakness, rather a strength. Open up and learn!
Be calm and cool
When dealing with confronting life changes, such as divorce or separation, it can be really easy to be reactive and lose your cool. Most things during the separation period aren’t urgent, but we have this sense of urgency that can often see us make regrettable decisions. You can be cool, you can be calm, and you can slow your responses down so that you have time to think…
Reconnect with friends!
You can’t do this alone. People aren’t going to judge you. Your vulnerability will strengthen relationships with your friends and communities! You can often feel embarrassed to tell people that perhaps you have been cheated on, or if it isn’t your first rodeo - however, the person who judges you most is you! Stick around those who uplift you.
Be kind to the most important person… you!
Be kind, gentle, and compassionate to yourself rather than your harshest critic! Why do we do that to ourselves?! Look at yourself like you would look at your loving friend, daughter, sister, mother, someone you love. How would you support them? So do the same for yourself!
This too shall pass, but the first twelve months will be tough! However, it is such a small time frame of your life journey that you can do this and become stronger for it!
To arrange a time to speak with Caralee or one of our fantastic lawyers at Collective Family Law Group, call us on 07 5574 0971 or book through the link below. Our initial consultations are entirely free of charge and obligations. This is a chance for you to know where you stand and your next steps forward.
https://lawtap.com/au/law-firms/collective-family-law-group
This week on the Divorce Collective Podcast, Senior Associate Dannielle Young breaks down the common question of what is an Independent Children's Lawyer?
What is an independent children's lawyer?
An Independent Children's Lawyer (“ICL”) usually and frequently pops up in relation to family matters before the Federal Circuit Court or the Family Court of Australia. An ICL is a solicitor appointed by the court to represent your child or children. They aren’t like a lawyer that an adult would have, there is no sitting in a formal office and they aren’t giving the ICL instructions to write material, etc. It is a very different relationship. Sometimes the ICL will meet the children, and sometimes they won’t. An ICL is always a highly qualified practitioner who has practiced family law over many years, as well as having extensive experience with disputes involving children in the courts.
When would an Independent Children's Lawyer be appointed?
Just because your case before the court is about parenting, that does not automatically mean that your case will have an ICL appointed to it. Either party to a parenting matter can apply to the court for the appointment of an ICL, or the court might make an order for one on its own. In all cases where an ICL is appointed, one or more of the following circumstances have to exist:
- Allegations of abuse or neglect in relation to the child/ren which can be physical, sexual, or psychological;
- High level of conflict and dispute between the parents;
- Allegations of domestic violence;
- Serious mental health issues that exist for both or one of the parents or in relation to the child/ren;
- Strong wishes that the child may have;
- One party seeks to relocate which significantly affects the time spent with the other parent;
- Where it is proposed to separate siblings.
These are some of the circumstances where an ICL will be appointed to the matter.
What is the role of an Independent Children's Lawyer?
An ICL has the role to form an independent view that is within the best interest of the child before the court. They are usually employed by the offices of Legal Aid QLD or the state in which the dispute has taken place and are usually funded by the Legal Aid office. However, a disclaimer to that – depending on a party’s financial position, they may be asked or ordered to pay some cost of the ICL, subject to individual finance and the case which are all assessed by Legal Aid.
An ICL is there to have a role in the proceedings that will assist the court in making determinations in relation to parenting matters. It is their role to act in the best interest of their children. Primarily, they are there to ensure that all the evidence is put before the court that is relevant to the determination of the matter.
To find out more about independent children's lawyers, and how they may affect your family law matter, listen up!
Otherwise, to book an initial consultation with one of our family lawyers, call us on 5574 0971.
Today on the Divorce Collective, Senior Associate Dannielle Young and Process Server Victoria Cook guide listeners through how process serving works.In a Family Law context, the reason Process Servers would be necessary is to ensure documents are served correctly, some documents must be served personally and to take the emotion out of it. Family Law documents usually have a time frame that requires service as well as dealing with hearing dates. Proper service of Court documents will mean the Court can be satisfied service and notice of the proceedings has been given to the other party.In Family Law matters if you have a lawyer they will engage a process server to serve your documents on your former spouse. If you are self-represented then you can engage a process server to do this aspect of your matter.To find out how Process Serving may benefit you in a Family Law matter, listen up!To contact SEQ Process Service and SEQ Documents, click below.https://www.seqprocess.com.au/Otherwise, If you would like to come for a free initial consultation to discuss your situation, please feel free to contact us on 5574 0971 or email us at admin@cflg.com.au.
You can only put an end to domestic violence if you are able to recognise it. Unfortunately, many people when inside a violent relationship, can’t spot it. We use the analogy that it is like you are a crab in a pot of water on the stove, the water heats up but it is gradual that you don’t notice and are unaware that you are cooking.
When you first start your relationship, there may not be any signs of DV, however, there can be subtle traits as they start to creep in.
Here are some signs that your relationship has domestic violence in it:
Physical Abuse:
This is the physical abuse of a partner, whether it be an assault to the body, destruction of property, driving dangerously, threatening to harm or sexual abuse.
Emotional Abuse:
This involves actions such as undermining a victims self-esteem/self-worth, calling degrading names or comments in the relationship or to others about the victim, or Emotional abuse may include threats, insults, isolation, and more, but these three types can be some of the hardest to detect.
Sexual Abuse:
This includes non-consensual sex, forceful sex, sex without protection and sexually degrading a partner.
Social Abuse:
This is where another partner socially alienates their partner in a social setting, controlling who they spend time with, who they communicate with or message.
Verbal Abuse:
Verbal humiliation, attacking the partner’s personality and self-esteem, abusive texts, emails, telling lies about the partner.
Economic Abuse:
This is where a partner takes control of all the finances and restrains access to bank accounts or money to the other partner. Controlling spending, accusations of spending etc. is another sign of economic abuse.
Threatening or Intimidating behaviour:
Threatening that they are going to do any of the above things, threatening to harm themselves, or another person/property.
So, what do you do if you recognise any of these behaviours mentioned above?
-
You can seek help with an organisation such as Respect or Women’s Legal Service Queensland
-
Obtain a protective order from the court, which is vital if you are a victim of domestic violence. This step is different all around Australia, some are called Apprehended Domestic Violence Orders, others are known as Domestic Violence Orders.
This is when you go to your local court, where you have a simple process on how you can make that application. There are people in the court who can help you with this process. If you can financially retain a lawyer, they will take care of this, or go to a police station to find these applications as well.
- If you have an incident at your home, call the police and they will attend.
It is really important if you recognise the signs of Domestic Violence, to seek help and obtain an order to help prevent domestic violence. Once you have space away from a violent partner, you are able to make better decisions. When you are being overpowered by somebody, it is extremely hard to find clarity.
You only get one chance to go through your family law matter, and you only get one outcome. If you have a violent partner, reaching an agreement is so much harder. It is important that if you are a victim of domestic violence that you seek help from professionals.
Please reach out if you feel any of these points resonate with you, as your safety is our number one priority.
If you would like to come for a free initial consultation to discuss your situation, please feel free to contact us on 5574 0971 or email us at admin@cflg.com.au.
The Safe & Together training and model has been implemented by agencies in Australia already over the last about 7 years and the Federal Circuit Court and Family Courts are now jumping on board.
Federal Circuit Court and Family Court Judges will undergo family violence focussed training. The safety of children and families is the highest priority for these Courts and the new training initiative is welcomed one to provide Judges, Registrars and Family Consultants an opportunity for training on the issues of family violence and the impact on children.
The delivery of the training will be from the Safe & Together Institute to deliver training based on the world-renowned Safe & Together Model developed by the expert, Mr David Mandel. That model focuses on the perpetrator patterns of behaviour, survivor strengths and the safety and welfare of adult and child victims.
Sadly, mothers are often held responsible for protecting their children and often while they are likely to be at risk of harming themselves. The mother is the one asked to do tasks to “act protectively” and either they are blamed for not acting protectively or their fears are not taken seriously because they failed to take actions.
The Safe and Together Model developed by David Mandel aims to shift away from this “failure to protect” response to one that works with all parties (children, survivors and perpetrators) to ensure the well-being of children and their safety.
Domestic violence is by no means gender-neutral and the prevalence of violence, severity of physical injury and level of coercion and control are far greater for women than men. Just look at the media in the last few weeks where we had women and children lose their lives as a direct result of domestic violence.
The S&T Model aims to make systems more domestic-violence informed and competent. It is child-centred keeping their safety and wellbeing at the core of all work. It is survivor strengths-based and partners with the non-offending parent to build her everyday efforts to keep herself and her children safe. It is perpetrator patterned which focuses on understanding that perpetrators of violence are responsible for the violence they commit and that responsibility is not shared with the adult survivor.
Perpetrators patterns of behaviours harm children through multiple pathways. It’s not only about what the children saw or heard and it is this approach that is at the very core of the nature of the harm to children. The training helps understand really how that pattern of behaviour (like coercive control) undermined the functioning of the family.
This is not about man bashing or women’s rights, this is about human rights and children’s rights. I will support any initiative that aims to protect our most vulnerable members of our community, the children. The effect of domestic violence, coercive control and generally non-respectful behaviours is life long and action needs to be taken to stop the cycle. The only way we can work towards that is by getting perpetrators to realise and understand how their violence and coercive control impacts their children.
Safe & Together Institute are spot on when it says the reason for it is because “Intervention with perpetrators should focus on their roles as parents and assessment of how their behaviours harm children”.
Let’s change the conversation and change the ending for our children.
We can assist you. Call us on 5574 0971 or hit the link below to arrange a time that suits you!
https://lawtap.com/au/law-firms/collective-family-law-group
Here at Collective Family Law, we are a full-service law firm with many solutions to help you through your divorce and separation. Our goal for all of our clients is to get them through this period of their life as soon as possible, allowing them to move on to a brighter future faster.
When going through a divorce, the period between separating and settlement is full of uncertainty, and you are in limbo. It's not a fun place to be. We want you to get through this period of your life as soon as possible.
When our clients reach a final agreement about how they want to settle their matters, whether it be parenting or property, we draft consent orders or a binding financial agreement so that our clients have certainty.
When going through a divorce and separation, It's almost like having a thorn in one’s side. It is an uncomfortable situation that has to be dealt with. Yet it is common to feel as though it is too overwhelming to even know where to start.
Don't expect that your matter will be solved overnight. One conversation for most people isn't enough to reach a final agreement. But you must have these conversations to create a stress-free future, whether this be through lawyers or amicable discussions with the other party directly. If you leave your matter to brew for months on end, it's going to be months or even years that you have that thorn in your side.
So, what are the three steps around creating certainty within your family law matter?
Listen up to the podcast!
If you would love our assistance, we are here for you. Give us a call. We are happy to meet you on zoom from anywhere in Australia.
We can assist you. Call us on 5574 0971 or hit the link below to arrange a time that suits you!
https://lawtap.com/au/law-firms/collective-family-law-group
Finding out your partner is having an affair quite frankly - rocks your world, your marriage, and how you feel about yourself. There is no doubt that separation becomes so much more difficult when there is an affair due to a lot of emotion and hurt which takes a long time to walk through.When there is an affair, it can seem as though there should be compensation for someone causing the end of the relationship, or one person feels entitled to more given the circumstances. The reality is though, in Australia, we have what is called a ‘no-fault law’ which means that if there has been an affair, we don’t have a punishment for that.This can be extremely confronting, as most of the time it was not your choice to end the marriage, and it may seem that your partner is getting away with it, without any repercussions, which unfortunately is the case due to our no-fault law. With this being said, it is most important that from here on you learn acceptance, and you ensure you spend time on yourself. Life doesn’t always allow for you to choose every chapter in your life, and it is how you deal with it once it is unveiled that really counts.My advice is to stay calm and cool - easier said than done but if you need some advice on what will be your best next move, come and see us for a 1-hour free initial consultation with one of our incredible family lawyers.Call us on 55740971 or arrange a scheduled appointment through the below link:https://lawtap.com/au/law-firms/collective-family-law-group
Today on the Divorce Collective Podcast, Caralee talks about the importance of being ‘Social Media Savvy’ during your separation.
Many people come unstuck when it comes to social media and their family law matter. We are navigating completely different times to say ten years ago, when it comes to separation, and it requires us to become smarter when it comes to our social media.
Social Media can be a sore point when going through separation and divorce. It can trigger all emotions and make divorce that much worse!
As a family lawyer, Caralee has always advised her clients that it is best to stay away from social media or make sure you lock your social media down to ensure you are staying private. If this isn’t an option for you, consider using it a little more sparingly with more intention and attention to the type of content you are posting.
Common in separation and divorce is that social media can cause a lot of jealousy with the other party and lead to people acting out. Living a separate life from your ex-partner can stir some emotions that often lead to further conflict.
With that being said, protect your own emotions as well. Don’t look at your ex-partners account if you cannot cope with what you might see.
Caralee shares six tips to being social media savvy through separation!
- Minimise your ex-partner's access to your social media. Block, delete, or restrict!
2.Think twice before posting;
-
Consider other peoples access (such as your ex-partners mates) to your social media. How much do you want them to know about your life?
-
Keep your children safe and protected;
-
Stay in your own lane, no stalking!
-
Use social media to make productive and happy changes! Podcasts, forums, and quotes are the best!
To arrange a time to speak with Caralee or one of our fantastic lawyers at Collective Family Law Group, call us on 07 5574 0971 or book through the link below. Our initial consultations are entirely free of charge and obligations. This is a chance for you to know where you stand and your next steps forward.
https://lawtap.com/au/law-firms/collective-family-law-group
**The COVID-19 vaccine currently isn’t approved for anyone under the age of 18 years of age, however, as conversations begin to arise in regards to the future of COVID-19 vaccines it is important to know where you stand as a parent.
With that being said, we appreciate that once the rollout and administration of the vaccine begin, this may increase current parental disputes. It currently stands that any threats of holding children, not doing certain things until the child is COVID-19 vaccinated is all just hype.
The second thing we must be clear about is that currently, this COVID-19 vaccine isn’t mandatory. This means, in most cases - parents cannot reasonably withhold or threaten to withhold children just because the other parent has not been vaccinated. There might be exceptions to that, but for most cases just because one parent isn’t vaccinated, that is not going to automatically meet the threshold as a reason to withhold children.
A COVID List… What is it?
In April 2020, the Federal Circuit and Family Courts implemented a COVID-19 list. That list was recently expanded to include a border range of circumstances that cases might fall under to make an application under that COVID-19 list. The COVID-19 List is a national list and can be heard nationally from any location just because you file and live in Brisbane, it may be heard by a court in a different city (the matters are heard by phone/electronic means).
The idea behind the COVID-19 list is that provided it meets the criteria, it’ll be given a return date. Within 3 business days of it being listed if assessed as urgent otherwise if it is a priority can be listed in 7 business days.
Listen up as Dannielle goes into the depths of what this means for your Family Law Matter and what these terms mean for you and your potential outcome.**
Dannielle Young is a Senior Associate at Collective Family Law Group, and often sees clients via Zoom for Initial Consultations for people who are struggling to know where they stand and where to go.
To book in with Dannielle, go to https://lawtap.com/au/lawyer/dannielle-young.html
This week, we have Senior Associate from Collective Family Law, Dannielle Young, hosting the podcast!
Dannielle Young has practised in family law for over 14 years. Dannielle has a passion for helping families, particularly children. She takes pride in helping parents through the separation process as quickly and amicably as possible. This is from the belief that all children deserve a quality upbringing, and children simply cannot do this broiled in a family law matter.
With that being said, it is understood by family lawyers and the Courts that not all families are the same, and some children are at risk if they are to spend unsupervised time with a parent. They may be from an arrangement of things, such as violence, drug addiction etc. However, it can also be because a parent is new coming into a child's life. Some parents may not have had the blessing to know the child from birth, and that is where supervised contact centres are used in that context – ensuring it is a safe place to build or rebuild a relationship with a parent.
In the podcast, Dannielle talks about how supervised parental visits may occur and why they are useful in parenting matters. When it comes to supervised care, it does not necessarily have to use a supervised contact centre for supervised visits, so where and how else can supervised visits be acceptable?
Listen up as Dannielle explains the alternate options that may be possible for your family law matter.
If you would like to book a free initial consultation with one of our fantastic lawyers, or Dannielle herself, please book either online at https://lawtap.com/au/law-firms/collective-family-law-group or on 1300 225 393
Is it just and equitable? Finally, the fourth step is that the court must consider whether the orders (Consent Orders that the parties have agreed on or Orders of the Court) proposes to make after completing the previous steps are and equitable. Essentially, given all the facts and circumstances, is the outcome fair for both parties following the Family Law Act? The court would look at all the circumstances and determine whether the arrangement reached by both parties was a fair outcome for them both. During the court process, this step would happen if their matter were before the court or when they filed their Application for Consent Orders. To discuss this in relevance to your Family Law matter, Hit the link to book your first free initial consultation with Collective Family Law Group. –https://lawtap.com/au/law-firms/collective-family-law-group
**New Podcast Episode!
What is step three of the four-step process when it comes to property division in family law?
The third step is all around the future needs of the parties. To put this in a really simple question that is asked, it is this:
Is there one person in the relationship who has a greater financial need than the other party?
OR
Is there one person that is going to struggle more in the future financially than the other?
In this third step, the Court considers various factors regarding the future of the parties after divorce and settlement which may justify an adjustment to the percentage division.
Family lawyers and the Court refer to these as 75(2) factors as outline in this section of the Family Law Act. Here, the court considers whether there is one person in the relationship who is going to be disadvantaged financially in the future more than the other person, now that the relationship is at an end.
Factors that may be considered are any disparities between the parties and their circumstances financially?
These disparities could be but are not limited to, the following:**
- Does one person earn a significant amount more than the other?
- Is one of the parties the primary carer of the children?
- Does one of the parties have a higher earning capacity than the other?
- Is one of the parties injured and can’t work?
- Are one of the parties much older than the other and therefore do not have as much working life ahead?
- Is one person a carer and cannot earn what the other can earn?
Essentially, the law provides an uplift in the division of the property pool for any party that is disadvantaged financially in the future. This uplift is a percentage of the property pool.
If you are going through a separation or divorce and want to discuss how you can resolve your matter, click here to book your first free initial consultation with one of our lawyers.
Remember, you've got this!
Contributions...
In step two of the four-step process, we take a close look at the parties’ contributions to the relationship.
Once step one of the four-step process has been completed, this is when we can commence step two.
Assess the contributions that have been made to the current property pool. This is regardless of it is a global approach or a piecemeal approach. You can find all of this in section 794 of the family law act for married parties and section 90sm4 the defacto parties.
There are three categories that are recognized, according to the family law act.
-
Financial contributions;
-
Non-financial contributions; and
-
Parenting and home-maker contributions.
Caralee also breaks down the financial contributions that occur three different times in your relationship.
· Initial contributions;
· contributions during the relationship; and
· post-separation contributions.
Listen up as the Director of Collective Family Law Group dives into what each of these terms means and how it may affect your Family Law matter.
To discuss this in relevance to your Family Law Matter, Hit the link to book your first free initial consultation with Collective Family Law Group. https://lawtap.com/au/law-firms/collective-family-law-group
The four step process is outlined in the Family Law Act and is the exercise undertaken by family law Courts in determining what, if any, property adjustment is required between parties following separation is referred to as a four-step process. Put simply, the four-step process provides for an analysis of the following:
- THE PROPERTY POOL – What assets, liabilities and financial resources there are of each party, joint or separate (the “net property pool”);
- THE CONTRIBUTIONS – What each party has contributed to those assets, liabilities and financial resources before the commencement of cohabitation, during the relationship and post separation, and financially, non-financially and as parent and homemaker (in percentage form);
- THE FUTURE NEEDS – What the ‘needs’ of each party will be moving forward post separation (resulting in a percentage adjustment from point 2 above); and
- THE JUSTICE & EQUITY – Whether the assessment at points 2 and 3 above, and the transactions that will allow for that assessment to be implemented, are just and equitable for both parties.
Even if you are not in Court proceedings, you need to be guided by the above principles as this is in the law what is considered just and equitable. It will enable you to appropriately conduct negotiations and it will ensure that if you wish to formalise an agreement by way of Consent Orders, the Court will be likely to approve the Orders you are seeking.
The above steps are unpacked and explained in the following podcasts. If you would like the four step process explained to you and applied to your special circumstances, we offer a free initial consultation where one of our solicitors will walk you through this process.
Hit the link here to book your free initial consultation - https://lawtap.com/au/law-firms/collective-family-law-group
Step One of The Four-Step Process
If you are going through a separation or divorce, you will no doubt have questions around how to divide your property.
In Australia, we have what is called the four-step process, the first step is about working out what property there is to divide between the parties.
The starting point of any property settlement process is to assess what the property pool actually is in order to decide what the distribution to each party will be.
It is not until we know the true value of the property pool that we can consider any of the other three steps in the four-step process. More importantly, if the true property pool isn't known, it is impossible to assess if an outcome is just and equitable.
Often in a property settlement, the true values can be unknown and if that is the case, it is a good idea to seek advice from a family lawyer and get full and frank disclosure from the other side.
Listen to the podcast as Caralee breaks down exactly what each topic means for you:
-
The property pool is ALL assets, ALL interests and ALL liabilities held by the parties;
-
It doesn't matter how the property got there, and it doesn't matter where the property is located;
-
Disclosure might be needed to verify things such as superannuation etc; and
-
Independent valuations may be needed.
We hope you find this podcast and the series helpful.
Remember, you've got this!
To discuss this in relevance to your Family Law matter, Hit the link to book your first free initial consultation with Collective Family Law Group. https://lawtap.com/au/law-firms/collective-family-law-group
Do healthy divorces a actually exist? Yes, they do and they absolutely can be achieved! Divorce and separation is a hard time, no matter who you are - however, not every divorce needs to be hard and messy, it is 100% possible to have an amicable divorce process!Listen up as Caralee, dives into the seven tips to a healthy divorce: 1. Communicate! So many people do not communicate! Listen, take turns and have respect; 2. The children always come first. This sounds obvious but when you are hurt and those feelings arise, it can sometimes cloud our judgement. Protect your kids from your temporary feelings;3. Do not hire a bully of a lawyer! Go and hire someone who is going to help you be amicable and want to find the best resolution. If your firm offers a free initial consultation, meet with your lawyer first! Hear their advice and someone who wants to resolve your matter in a collaborative and healthy manner; 4. Don't get stuck in the blame game! The earlier you accept your responsibility for your part in the process - the better! Resolving your healthy divorce, there is no room for continuously going back to wrong-doings; 5. Be willing to cooperate and compromise! When feelings are raw, the last person in the world that you want to cooperate with is your ex partner! But one of you has to be ready and willing to compromise, trust me it will be the best thing you do in this situation! 6. Don't forget to love and care for yourself! The changes, the grief and the loss that is bought in by separation and divorce can be overwhelming. This is a time in your life that more than ever you need to look after yourself! 7. Change your mindset about divorce being a failure. This can be so damaging to you and to your children when it is simply not true! This has just come to an end. If you can change your mindset that divorce is actually a positive time to restart and refresh, you will feel a lot lighter.
If you would like to discuss fee management or discuss in depth your family law matter, call us on 5574 0971 to arrange an initial consultation on Zoom or in one of our offices. We hope this podcast was helpful to you and remember, you've got this!
We have all heard the perception that all lawyers are expensive and have high fees, so here on the Divorce Collective Podcast, Caralee breaks down her tips and tricks as to how you can keep your Lawyers fees down and under control!
It is very normal for your lawyer to charge anywhere between $370.00 per hour, to $550.00 per hour. So, how do you keep your fees to a minimum? Listen in as Caralee dives into the below:
1. If you can negotiate with your ex-partner, do so! 2. Choose an excellent family law firm;3. Get a cost agreement prior to getting started with the retaining of a lawyer;5. You are paying for every phone call and email, ensure you are organized and timely!6. Do not use your lawyer as a councilor; 7. Be clear about your instructions; 8. Be honest!9. Choose an experienced family lawyer;10. Listen carefully to your lawyer and act accordingly;
If you would like to discuss fee management or discuss in depth your family law matter, call us on 5574 0971 to arrange an initial consultation on Zoom or in one of our offieces.
We hope this podcast was helpful to you and remember, you've got this!
New Podcast Episode!
Different Methods Of Negotiating In Family Law
Most Family Law matters don't go to court! So what else happens? In the podcast Caralee breaks down...
- Kitchen Table Negotiations;
- Retaining a Lawyer to help negotiate;
- Attending Mediation; and
- Filing an application with the Federal Circuit Court...Listen up as Caralee steps you through what each method means and when do start thinking about doing each of them.If you would like to speak with Caralee about your own Family Law matter, book your FREE initial consultation below! https://lawtap.com/au/law-firms/collective-family-law-group
During your Family Law matter it is very important to watch what you say and when, so you do need to be careful that you don't make the separation more complicated than it needs to be.
Saying things like the following, need to be avoided in order to create an amicable resolution:
- Sharing details about your new life with your ex; - Go and get legal advice before you make promises; - Be business like with your ex - professional and polite; - Be open, what do you want? - Show & Tell; - Don't make empty threats;- Don't make promises.
If you would like to arrange an Initial Consultation with Caralee to discuss in depth of the above, click the link below: https://lawtap.com/au/law-firms/collective-family-law-group
Around the time of separation, it can be really difficult to know who stays and who goes. It is important to know your rights and obligations at this difficult and uncertain time. Everyone’s circumstances are different and it is important that you are both as practical as possible, however often emotions get in the way.In this podcast, Caralee runs through the answers of all the below questions in regards to who stays in the family home: 1. Can one of us kick the other one out? 2. Can I change the locks? 3. I have left the home, do I have to keep paying the bills? 4. How can I get my partner to leave? If you are seeking any legal assistance, visit us at https://collectivefamilylaw.com.au/contact-us/
New Podcast Episode!
This one is for the women in Divorce, as we will be speaking about whether you should change your name after your divorce?
There is no right or wrong here, it is a personal preference that doesn't have any significant difference on your family law matter.
Some women cannot wait to change their names and others find it more difficult due to other reasons such as kids etc.
What you need to note if you do decide to change your name during divorce: 1. You can revert back to your maiden name with little-to no fuss;
2. You will need to show the links between your names;
3. You will need your official Marriage Certificate or Divorce Order that is issued by the Court; and
4. Change your passport, or license in the first instance...
Listen up, as Caralee breaks down exactly how to do each of these steps, it is far easier than you think!
To get your free initial consultation at Collective Family Law Group, you can do so below: https://lawtap.com/au/law-firms/collective-family-law-group or phone us at: (07) 5574 0971
New Podcast! Happy Thursday! Today's episode is breaking down Parenting Plans VS Consent Orders. Life after separation is a difficult time for most people, add the extra worry of having to work out how your children are going to spend time with each parent, and there is no wonder why parents can be left feeling overwhelmed. However, if you and your ex-partner can agree about the care arrangements for the children, there are two options available to make moving forward with family life after separation more amicable, either by way of a Parenting Plan or a Consent Order. But what is the difference? Let me explain and help you understand which may be best for your family law matter.
Welcome to the Divorce Collective Podcast!
The ultimate tool to thrive through your separation in small 6-minute podcasts!
In today's episode on the Divorce Collective, Caralee explains the 5 best strategies to negotiating with your ex to avoid court.
After working with hundreds of separating couples, here are my suggestions on how you can make negotiations more amicable and successful when it comes to dividing property and co-parenting arrangements.
Caralee dives into the below strategies:
- That you are clear about what you want with your property settlement and co-parenting plan.
- Be transparent and honest about the property pool. Trying to hide
- That you are businesslike and professional.
- Do not raise relationship issues from the past
- It is important to stick to the facts and figures.
Don’t forget: even if you come to an agreement, it is still really important to finalise it legally with Consent Orders for both property division and parenting arrangements. If you don’t, then you don’t have the certainty you deserve. If you need Consent Orders drafted, we offer that service at Collective Family Law. We offer a free initial appointment on 1300 225 393 and then best thing is we can help you gain clarity and certainty from anywhere in Australia.
If you identify that you need a lawyer, the next question is which one do you choose? This can be daunting because it is likely foreign to be in a position where you need to retain a lawyer. You are also now having to make important decisions on your own, maybe for the first time in a long time.
It is natural to have concerns around which lawyer to retain, what the fees will likely be and whether they will give you the best advice possible. Here are my tips on how you should choose the right family lawyer for you:
Listen up as Caralee dives into the reasons you should consider before retaining a lawyer for your matter.
To find out more, visit collectivefamilylaw.com.au