Legal articles written by Cavell Leitch lawyers.

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21 Relationships & Family Law Articles

Separation – What happens to the children?

One of the most important issues to resolve when you separate from a partner is how you will each share the care of the children. Many families require assistance to work out a fair and practical child care arrangement that is in the best interests and welfare of the children.

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Property Issues for Separating Couples

When a couple separates it can be a very sad and confusing time. Here are a few tips to help you know what information you will need to give your legal advisor to help you through the minefield of separation....

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Are you the Guardian of your child?

Generally if you are your child's biological parent then you are their guardian - but sometimes there are more complicated circumstances which apply and guardians have to be appointed by the Court.

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Section 182 - a possible trust busting tool

When going through a separation, trusts have often been viewed as "safe" bets to protect assets from being divided. However section 182 of the Family Proceedings Act gives the court significantly greater power to deal with property owned by a trust.

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But they gave me their word!

Many couples do not consider what will happen to their assets if they separate, instead relying on their partner to “do the right thing” or “stay true to their word” should they break up. Unfortunately in many cases promises made in in the absence of an official Property Sharing Agreement ...

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Is a Separation Agreement necessary?

When a couple separate “amicably” they are often reluctant to involve lawyers. They may have already worked out what the division of their assets will be and they wonder why they need to commit anything to paper. There is often the wish to avoid costs at a time of stress ...

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