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De facto Property Matters

For couples who separate after 1 March 2009 de facto property matters are dealt with under the Family Law Act 1975 as amended. Pursuant to the legislation, the same considerations and laws apply to de facto property matters as people who were married. A de facto relationship is defined in the legislation as follows:- “A person is in a de facto relationship with another person if;- The persons are not legally married to each other; The persons are not related by family; and Having regard to all the circumstances of their relationship, they have a relationship as a couple living …read more

Family Violence & Abuse in Family Law Matters

In all court proceedings concerning future care arrangements for children, the legislation requires the court to consider the extent and effect of any family violence and abuse of children. ‘family violence’ The legislation now defines family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful. The legislation gives examples of what may constitute family violence which includes assault, sexual assault, stalking, derogatory taunts, damaging property, causing injury or death to an animal, financial control, social control and deprivation of liberty. ‘abuse’ …read more

Glossary of Terms

Legal disputes can be stressful and sometimes difficult to manage in otherwise busy lives. In our experience, people who have a better understanding of legal processes usually find these processes less stressful and easier to manage. The first step is learning what the most common legal words and phrases mean. Applicant – this is the person who first applies to a court for orders. Respondent – is any person named as a party to a court case. A respondent may or may not respond to the orders sought by the applicant by seeking the same or different orders. Filing – …read more

Injunctions in Property Matters

An injunction is an order that a court can make which prevents a party to the marriage doing something. Injunctions the court can make include: an injunction for the personal protection of a party to the marriage; an injunction restraining a party to the marriage from entering or remaining in the matrimonial home or the premises in which the other party to the marriage resides, or restraining a party to the marriage from entering or remaining in a specified area, being an area in which the matrimonial home is, or the premises in which the other party to the marriage …read more

Legal Costs

If you employ Cope Family Law to act for you in relation to your legal matters we will require you to sign a Costs Agreement with the firm. That Cost Agreement sets out a number of matters, including;- The disclosure we are required to make to you about costs; It lets you know that by signing the Agreement you are accepting our proposals in relation to costs; The work that this firm is instructed to do; The charges that will be made to you by this firm; A range of estimates for legal fees; How and when the Agreement can …read more

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