Joanne Cliff - Adelaide Family Lawyer

Parenting Matters Now Firmly Focused on Child’s Best Interests

In 2006, the Family Law Act (1975) (Act) was amended to introduce the presumption of parents having equal and shared parental responsibility for children.

The government has now passed new amendments to the Act, which will come into operation in May 2024. These amendments repeal the presumption of equal and shared parental responsibility, the related equal time and substantial and significant time provisions. The amendments reinforce that parenting orders should be made based on the child’s best interests with the hope that they will reduce complexity and lead to better outcomes for children.

To read the full article, please click the link below:
https://www.dwfoxtucker.com.au/2023/12/parenting-matters-now-firmly-focused-on-childs-best-interests

Parenting Matters Now Firmly Focused on Child’s Best Interests | DW Fox Tucker Lawyers Posted on December 20, 2023 Parenting Matters Now Firmly Focused on Child’s Best Interests By Joanne Cliff DownloadPDF of this ArticleExpertiseFamily Law In 2006, the Family Law Act (1975) (Act) was amended to introduce the presumption of parents having equal and shared parental responsibility for...

Proposed Amendments Incorporating Domestic Violence Factors into Financial Settlements in Family Law Matters

To continue with changes recommended in 2021 by the Australian Law Reform Commission review into Family Law in Australia, the Federal Government published, on 18 September 2023, draft amendments to the Family Law Act 1975 [the FLA], the impact of domestic violence and economic abuse on financial settlements. This is a further demonstration by the government of its recognition of the effects of domestic violence in the community.

The purpose of the amendments is to define the factors to be taken into consideration when considering a financial settlement as they relate to incidents of domestic violence and economic abuse.

There are still four principles when considering a financial settlement as follows:
1. Identifying the existing legal and equitable rights and interests in liabilities of the parties to any property.
2. Consider each party’s respective financial and non-financial contributions to the property of the relationship, whether married couples or de facto couples.
3. Consider the parties’ current and future considerations (needs).
4. Determine whether it is just and equitable to make an order to alter the parties’ interests in property.

To read the full article, please click the link below:

Proposed Amendments Incorporating Domestic Violence Factors into Financial Settlements in Family Law Matters | DW Fox Tucker Lawyers Posted on September 29, 2023 Proposed Amendments Incorporating Domestic Violence Factors into Financial Settlements in Family Law Matters By Joanne Cliff DownloadPDF of this ArticleExpertiseFamily Law To continue with changes recommended in 2021 by the Australian Law Reform Commission review into Fa...

Family law changes to spark surge in litigation

“The legislation, facing the Senate in the upcoming sitting fortnight, removes a provision in legislation that directs a court to apply the presumption that it is in the best interests of a child for the parents to have equal shared responsibilities.

The government is also moving to slash the number of factors from 15 to six ‘best interest’ considerations used by courts when deciding the best parenting arrangements for a child. The legislation has been criticised by some legal experts who warn the amendments may take Australia back to a time when mothers were granted primacy in court battles.”

Family law overhaul ‘will go too far’ Labor’s push to eliminate a legal assumption that parents under­going a divorce share the responsibilities of raising their children is radical and confusing, top family court lawyers warn.

Navigating Separation: A 5-Step Guide to Successful Mediation in Family Law

The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 now require parties to take genuine steps to settle parenting and financial disputes before commencing court proceedings. These measures, called pre-action procedures, encourage parties to genuinely attempt to resolve their dispute or minimise contested issues before initiating court proceedings.

One of the most effective genuine steps is mediation, which, unlike arbitration, allows you to negotiate financial matters as well as parenting arrangements. If you decide to undertake this process, consider following these five steps to maximise your chances of mediation success.

1. Get an understanding of the mediation process
2. Formulate your goals and priorities
3. Prepare for mediation
4. Plan for or anticipate setbacks and roadblocks
5. Take care of your emotions

You can learn more about these steps by reading my latest article:

Navigating Separation: A 5-Step Guide to Successful Mediation in Family Law The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 now require parties to take genuine steps to settle parenting and financial disputes before commencing court proceedings. These measures, called pre-action procedures, encourage parties to genuinely attempt to resolve their di...

Family Courts Look to Arbitration to Streamline Resolutions

On 1 September 2021, significant changes to Family Law were implemented. These changes required separating couples to undertake “genuine steps” to resolve their issues before issuing court proceedings.

Alternative Dispute Resolution (ADR) is one of the accepted “steps” for resolving parenting issues or financial matters. Arbitration is one ADR option, in particular, that is becoming increasingly popular for its ability to deliver simplicity and timely resolutions to an often stressful and emotionally draining process.

Click here to learn more: https://www.dwfoxtucker.com.au/2023/02/family-courts-look-to-arbitration-to-streamline-resolutions/

Family Courts Look to Arbitration to Streamline Resolutions On 1 September 2021, significant changes to Family Law were implemented. These changes required separating couples to undertake “genuine steps” to resolve their issues before issuing court proceedings. Alternative Dispute Resolution (ADR) is one of the accepted “steps” for resolving parentin...

Family law overhaul promised, as government drafts new system more inclusive of children and kinship carers

“'The draft laws … would replace the often confusing law around parenting arrangements with six simple, best interest factors for courts to decide what is in the best interest of children.’

The principles include considering the safety of the child in any custody dispute, the ability for either parent to provide care for their child, the benefit for a child in maintaining a relationship with their parents, and the child's own views on the arrangements.

The presumption of ‘equal shared parental responsibility’ has long been labelled one of the most problematic parts of Australia's family law framework, with fears it could incentivise abusive partners to litigate parenting disputes.”

Submissions are open on the draft bill until 27 February.

Government proposes scrapping 'equal' shared parenting responsibility in family law overhaul The federal government plans to reform the strained family law system, including removing the presumption that both parents should be considered equally in parenting disagreements.

“Separation has important impacts on kids. There are a higher number of mental health problems observed in children from one-parent, step or blended families compared to those living in their original family.

There is also a well-established link between high levels of post-separation parental conflict and childhood maladjustment.”

What can parents do to best prepare their kids?
1. Tell them together
2. Keep the adult arguments out of it
3. Prepare for a range of reactions
4. …
Read the rest of the actions in the link http://ow.ly/LXLO50M41ut

If you would like any advice on separations, please contact me here: http://ow.ly/aQ7j50M41tP

Are you and your partner thinking of separating? Here's how to protect the kids' mental health It’s a common phenomenon that couples near the end of the road will try to make it through Christmas and separate in the new year. If this is you, read this advice first.

Binding Financial Agreements Following the High Court Decision of Thorne v Kennedy

Since 2000, the Courts have set aside BFAs for often technical reasons, such as whether legal advice was obtained at the right time, but the importance of Thorne v Kennedy coming from the High Court is that it deals with the issue of fairness and the conduct by one of the parties in negotiating the BFA.

Click here to learn more:

Binding Financial Agreements Following the High Court Decision of Thorne V Kennedy Dead and Buried? On the 8th of November 2017 the High Court of Australia handed down a widely anticipated decision in Thorne v Kennedy [2017] HCA 49 (Thorne v Kennedy). Some legal commentators say it sounds the death knell for Binding Financial Agreements (BFA) as both a pre‑marriage (pre-nuptial)...

Why this inheritance trick is not just for the rich

“Parents are switching from traditional “straight gift” wills to those that include testamentary trusts (providing asset protection and tax strategies). Some are also encouraging their children to sign binding financial agreements with their partners to stop claims against inheritance.

…

Advisers suggest that households with comparatively modest estates of more than $500,000, as well as the mega rich, consider these types of strategies to address similar potential problems.

…

Strategies for excluding “undeserving” partners have been increasing as divorce rates rise and the number of blended families climb.

Breakdowns in around half of first marriages and more than half of defacto and second marriages are also forcing many parents to consider how their estates might be divided,

…

More than 90 per cent of wills drafted by lawyers include testamentary trusts, says Hacker. The trusts are incorporated into the will and typically don’t come into force until the death of the will maker.”

Why this inheritance trick is not just for the rich Want to provide income to your grandkids or worried your child’s partner will walk off with part of your estate? This is what to do.

4 Things to Know About Separation/Divorce and Wills

It’s understandable that when you are focusing on sorting out a property settlement with your former spouse or partner, your attention may not turn to how and in what way the separation and settlement may impact your Will. However, there are good reasons for reviewing your existing Will or making a new one.

Click here to learn more:

4 Things to Know About Separation/Divorce and Wills There are good reasons for reviewing your existing Will or making a new one.

11 Practical Ways to Save Money on Family Law Matters

Family law matters are often emotionally draining and stressful, and that’s before you even consider the financial costs. Your family is your top priority, and you want to achieve the best outcome, which often requires expert legal support. Hiring lawyers that can achieve your desired outcome is expensive, but there are ways to engage the best while reducing the cost of your legal bills.

Before we meet with a new family law client and during the initial consult, we always offer 11 practical tips.

Please click here to learn more:

11 Practical Ways to Save Money on Family Law Matters Before we meet with a new family law client and during the initial consult, we always offer these 11 practical tips ...

Five Alternative Ways to Resolve Parenting and Financial Matters

There are many ways to climb a tree…around 5.

For a long time, there have been options available for separating couples to resolve parenting and financial matters without ever stepping foot in a court. These options are relatively inexpensive compared to court proceedings, and often they result in less stress, angst and anger. These options are:

1. Kitchen Table
2. Negotiation
3. Mediation
4. Collaborative Practice
5. Arbitration

The new Federal Circuit Court and Family Court of Australia Rules, which came into force on 1 September 2021, now require separating couples to undertake “genuine steps” to resolve matters before they are permitted to issue proceedings. Please click on the link below for our complete article discussing these options on our webpage.

Alternative Ways to Resolve Parenting and Financial Matters several options you can consider that will keep you out of a courtroom. These options, if successful, enable court orders to be obtained ...

Court crackdown on divorcing couples hiding family assets

“From April 1, divorcing couples or separating de facto partners will be able to apply to the Australian Taxation Office (ATO) to disclose their ex-partner’s super savings, often the biggest pool of assets after a family home.”

Court crackdown on divorcing couples hiding family assets Attempts to stash funds in hidden superannuation accounts will be thwarted under tough new disclosure laws.

Planning strategies flagged with family law super splits

“In one case I was involved in, the guy staying in the fund ended up with a lot less than he expected as a percentage of the overall fund because he had to settle with his wife from a diminished pool of capital because the market went down”

Planning strategies flagged with family law super splits It is vital SMSF professionals are involved in the process of family law super splits early on to ensure that splitting orders achieve the best planning and tax outcomes for clients, says a technical

New Era in the Family Law

Since 1 September 2021, the media has been reporting the merger of the Federal Circuit Court of Australia and the Family Court of Australia.

There is now a more streamlined process to family law litigation, emphasising the early involvement of specialists in children’s matters and alternative dispute resolution like mediation to encourage early resolution of proceedings.

Resources have been increased to assist the processes. Please take the time to read our article (click below) on our website for complete details.

Keep an eye out for my post in the new year dealing with methods of resolving disputes and litigation to avoid or reduce time spent on litigation of children and property matters - There are many ways to climb a tree.

New Era in Family Law On 1 September 2021, the Federal Circuit Court and the Family Court of Australia merged to create the Federal Circuit and Family Court of Australia (FCSCOA), so there is now, after 21 years, a single point of entry for litigated matters and a streamlined approach to family law proceedings.

Property rows soar as divorce hits new highs

"Later separations and a sharp rise in blended families (when a couple create a home with offspring from one or both of their previous relationships) are likely to increase the value of shared assets and the complexity of separating."

Property rows soar as divorce hits new highs Divorce specialists claim there has been a threefold increase in separation applications after COVID-19 lockdowns, with high property prices adding to friction.

Welcome to the DW Fox Tucker Lawyers, Family Law page. My name is Joanne Cliff, the Family Law Director at DWFT, and I aim to use this platform to provide you with practical help to ease the way through the journey of separation and building a new life.

Going through a separation is a difficult time for most people however, whether you choose to end your relationship, or the decision is made by your partner, there are several things you can do which will assist you in moving forward.

Take the time to make a plan of things you need to do. This will help you see your options. Things to consider are:

1. Children – what do we tell the children?
2. Separation – who else do we tell?
3. Accommodation
4. What to do if remaining in the home/rental together?
5. What do we own? Assets/debts?
6. Speaking to the bank
7. Don’t forget about superannuation
8. Do you have an accountant?
9. Keep in mind any recent inheritance
10. Do I need to speak to a lawyer?

Ask yourself the above and get all relevant information and documents together before seeing a lawyer.

Please click here to learn about these steps in more detail. If you have any questions, don’t hesitate to pop them in the comments below.

10 Ways to Kick Start Your Separation Preliminary Welcome to the first article about family law. I hope it will provide you with practical help to ease the way through the journey of separation and building a new life. Going through a separation is a difficult time for most people. However, whether you choose to end your relationship or...