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The Family Law Process – COVID-19

It is trite to say COVID-19 has affected the whole world and almost every industry.  The Family Law system in Australia is no exception.  When the Commonwealth government started rolling out restrictions in response to COVID-19, the Honourable Chief Justice and Judge of the already under resourced, under-financed and overworked Family Court and Federal Circuit Court of Australia. Read More

What happens when there is no agreement on the child’s surname?

The Family Law Act gives each parent parental responsibility for their children, which includes all of the duties, powers, responsibilities and authority which, by law, parents have in relation to children. It is clear that one such area of authority is the capacity to give the child a name. Indeed, parents are under an obligation to name their children both by operation of local statute and international law. Read More

“50/50” – What does it Really Mean After a Separation?

Frances Edwards, an accredited family law specialist at the firm, Edwards Family Lawyers, is of the view that the family law reforms regarding parenting arrangements for families after separation have lead to confusion, misconception and, in some cases, unnecessary litigation. Read More

Children Behaving Badly: Estrangement & Family Provision Claims

It is often a strongly held community view that in circumstances where a child is estranged from their parents, or has behaved badly toward them, that parent is entitled to leave that child out of their Will, or reduce any provision they may otherwise have made. Read More

Companies, Trusts and Third Parties in Family Law

Whilst a company is a separate legal entity, parties in contested proceedings before the Family Court often make the mistake of assuming that matrimonial assets owned by a private company, or trust, are protected and quarantined from the property settlement between the parties. However, there are various ways for the Family Law Courts to exercise its jurisdiction over companies and trusts in which parties to a marriage or de facto relationship have an interest. Read More

Facebook, Family Law and Paternity

Australian Courts are keeping up with technological advances. The most popular social networking site, Facebook, currently with 500 million active users, has recently been used by the Federal Magistrates Court as a tool for serving legal documents.

In the April 2010 decision of Byrne & Howard, Federal Magistrate Stuart Brown allowed a paternity test order to be served via Facebook upon a man, who is the alleged father in child support proceedings. Read More

How Much Child Support Will I have to Pay?

This is a question that is often asked by parents when they have separated. The answer is different for every family.

Examples of factors that will affect the Child Support that you pay or receive include the number of nights the children are in your care and each parties’ incomes. Read More

 

International Child Abduction

The European Court of Human Rights (ECHR) in July this year has caused much controversy in a decision handed down by the Grand Chamber concerning an international child abduction case.

The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) applies to cases involving children that have been wrongfully removed from one signatory state to another, contrary to the custodial rights applicable to the child. Read More

 

Overseas Assets in Family Law Property Disputes

Parties to an agreed property settlement, or litigants involved in property proceedings before the Courts, must take into account and carefully consider any overseas assets or resources they have.

If you have overseas assets or resources, they must be disclosed to the other party.  The Australian Courts can make Orders which are binding on a party to the proceedings to deal with overseas assets and resources in a particular way, or the Court may make Orders which take into account the existence and value of the assets overseas. Read More

 

Watch List Orders: How to Stop Your Spouse Taking The Children Overseas Without Consent

A common dispute amongst separated parents is the question of overseas travel with the children.

This can be a particularly serious and contentious issue in circumstances where the proposed travel is not consented to by the non-travelling parent and there is a genuine fear that: Read More

 

What Happens to my Superannuation or Pension After Divorce/Separation?

When parties separate or divorce, a major consideration will be the division of assets. Many people who seek legal advice on property settlement issues after the breakdown of their relationship or marriage are often unaware that superannuation, retirement or pension funds, whether held in Australia or overseas, could be considered an asset and be subject to Australian splitting Orders or other types of splitting or sharing Orders obtained overseas. Read More

 

Accredited Family Law Specialist

Members of our senior legal team are accredited Family Law Specialists. In the legal profession an Accredited Specialist is a practising solicitor who has demonstrated specialised competence in a particular area of law and has been conferred Specialist Accreditation by the Law Society under its Specialist Accreditation Scheme. Edwards Family Lawyers is a highly experienced specialist family law firm that has 3 accredited specialists working out of our offices in Sydney CBD and North Sydney.

Our Family Law Services

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Divorce & Separation

Experienced Divorce Lawyers in Sydney

When married couples separate, there is only one ground for the grant of a Divorce Order, and that is the irretrievable breakdown of the marriage. This is established by the parties being separated for a minimum of 12 months prior to Divorce. In some circumstances, parties can be living under the same roof and still be able to establish this ground.

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Property Settlement

Expert property settlement lawyers

Edwards Moloney Family Lawyers can assist you and your spouse/partner to come to an agreement in relation to all financial matters and issues arising from the breakdown of a relationship, including the division of all assets and liabilities, spouse maintenance payments, superannuation splitting orders and child support departure Orders.

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Negotiation & Resolution

Expert negotiation and resolution lawyers

Opportunities for negotiation and settlement exist not only before proceedings are commenced, but also after proceedings have been commenced and right up until the time that the Court finally hears and determines the matter. Parties can settle a matter at any time.

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Parenting & Children

Parenting and Children Family Lawyers

The best interests of the children is the paramount consideration when determining the most appropriate and suitable arrangements for the children after a separation. At Edwards Moloney Family Lawyers, we encourage our clients to participate in the counselling or mediation services available to assist them to reach an agreement with their spouse/former partner

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Mediation Services

Mediation Lawyers

Edwards Moloney Family Lawyers offer Mediation Services to assist parties to engage in effective dispute resolution. Our Principal, Frances Edwards, has extensive experience in negotiating settlements in both parenting and property matters, and is a National Accredited Mediator and member of LEADR and IAMA.

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De Facto

De Facto Lawyers

De Facto couples (including same sex couples) who separate after 1 March 2009 have the same rights as married couples. The rights and obligations of couples upon the breakdown of a Marriage or De Facto relationship are now all governed by the Family Law Act 1975. De Facto couples who separated prior to 1 March 2009 are still covered by the old State legislation

CONTACT US

We are a leading family law firm in Sydney with over 30 years of award-winning experience in matters relating to complex family law matters. We are a full-service family law firm with a rich history of helping clients with complex property settlements, divorce law, divorce negotiations, child custody and mediation services. Our law firm has a strong focus on providing expert specialist advice relating to Family Law following the breakdown of your marriage or de facto relationship.

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We acknowledge the Cammeraygal and Gadigal people being the traditional owners of the land on which we work and their elders past and present.