Social Networks - a Divorce Lawyer’s Nightmare or Dream- depending whose side you are on!
11 April 2012
Watch Out- Social Networks- A Divorce Lawyers Nightmare (or Dream) What you say on FaceBook or Twitter may well end up as evidence in the Family Law Courts!
There is no way I am agreeing to that bitch wife of mine having the kids more as it will mean I will have to pay her even more money!
I will never forgive him for leaving the Marriage. As far as I am concerned, he has no right to see the kids any more and I will gamble all our money away rather than let him get his grubby hands on it!
These are common emotional reactions in Divorce scenarios and once they are up on Facebook, Twitter, Blogs and other social media they can come back to haunt you in Family Law Court Proceedings. These, and other frank comments, appearing on a client’s social media page can form the basis of hours of courtroom cross-examination of the client – and they will not be easy to explain away.
Even if you are careful and guarded when you send a tweet or post a Facebook comment, your newly found internet friends may not be as circumspect:
e.g. I can’t wait for you to get rid of that grumpy old bastard so you can sell the house and we can move to Bali with your kids. He’ll never be able to find us, and we can live happily ever after- on his money!
Also, family lawyers are often provided with copies of malicious emails or text messages (usually sent in the wee hours of the morning) which seemed like good therapy for the inebriated writer at the time. However, when read by a lawyer (or a Family Law Court Judge) in the cold light of day, these ill-considered ventings can do a lot of harm to the author’s case.
The message is: if you are involved in a Family Law dispute, avoid using social media. On the other hand, if your spouse or partner uses social media, make sure you keep track of what they are saying- you never know what gems you might find for use by your lawyer!
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Are you having doubts about whether you are being well-represented in your Family Law dispute?
Is now a good time to finalise a Family Law Property settlement?
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It is December 2018. After many years of rising property prices in Melbourne and the rest of Australia, property values have fallen. The Australian and US share markets are also down. Separating couples now have assets (including Superannuation) which are valued at significantly less than the valuation a year ago. However, their debt level would often be at the same level. The net result of this is that there is significantly less to divide up.
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Can we agree on a Family Law settlement without going to Court? This is a question asked by many clients at Melbourne Family Lawyers. The answer is both yes and no.
Should I Separate Before my Rich Parent Dies to Preserve my Inheritance?
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If your marriage or relationship is on the rocks and you are agonising as to whether to separate from your spouse or partner, then here is some advice which may spur you on to make a decision one way or the other.
Recognition of Foreign Marriages and Same-Sex Divorces in Australia
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We are often asked about whether Marriages which originated outside Australia are recognised under the Family Law of Australia.
Melbourne Family Lawyers Win International Parenting Dispute for Mother in Family Court of Australia at Melbourne
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Alison Loach, a Senior Consultant with Melbourne Family Lawyers, advised a client that she had a strong case and that she should pursue the case all the way through to a final hearing before Justice Austin in the Family Court of Australia.
When Can I make a Claim for Property Settlement as a De Facto Partner?
18 July 2017 -
In Australia, the Family Law relating to De Facto partners is substantially the same as the law relating to people who are legally married. The Family Law Act covers married people and de facto couples, including those in homosexual relationships.
Can I apply for a Divorce if I am no longer living in Australia?
5 October 2016 -
Melbourne Family Lawyers represents many clients who do not live in Australia. If you are living overseas, we can still represent you and apply for a Divorce in Australia under certain circumstances.
When should I apply for a Family Law Property Settlement?
18 August 2016 -
The only legal rules about when you should apply for a Family Law property settlement are concerning how late you can apply. People in a De Facto relationship have up to two years after separation. Married people have up to one year following the Divorce. Contrary to a popular belief, you do not have to wait until you are divorced to have a property settlement.
Melbourne Family Court allows Mother and Child’s Relocation to USA
21 June 2016 -
In January 2015, our client, 30 year old USA citizen Miranda (not her real name) was referred to Melbourne Family Lawyers by United States Embassy staff in Melbourne, as her marriage to her 35 yo Australian Husband, Bruce (not his real name) had broken down. Miranda’s legal problem was that she wanted to return home to the United States, with her 3 year old daughter, but her Husband objected to such an arrangement.
When is Spousal Maintenance Payable?
31 August 2015 -
Spousal Maintenance (also called alimony in some countries) may be payable in Australia by one spouse (or de-facto partner) to the other under some circumstances pursuant to the provisions of the Family Law Act.
The Best Family Law Advice from Melbourne Family Lawyers
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20 January 2015 -
In a Family Law Property Settlement, Superannuation is always taken into account when considering a division of property between spouses (including de facto or same-sex partners). These days, most people have Superannuation entitlements. Whilst those Superannuation entitlements may not be readily accessible now if you are below retirement age, they will make a difference to your financial situation when you do retire.
If I win Tatts Lotto, do I have to share the winnings with my ex spouse?
10 December 2014 -
This question sometimes arises in family law property settlement cases- and the answer will depend on the exact circumstances. As is usual in family law cases, there are many possible scenarios and many different possible results. Let’s consider a few examples.
Beware of Family Lawyers offering Free Initial Consultations
26 November 2014 -
Have you come across the recent advertising from Family Lawyers offering “free initial consultations”? Have you stopped to think why those lawyers are doing that?
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It is important to remember that every Family Law Property Settlement case is different and will be decided in accordance with the guiding principles in the Family Law Act and the case law arising from past decisions of the Family Law Courts. This article summarises some of those guiding principles.
Winning International Child Custody Cases
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27 February 2014 -
Bullying is characterized by an individual behaving in a certain way to gain power over another person- and this is often a problem in marriage or relationship breakdown situations.
How to Achieve a Fair Family Law Property Settlement?
6 January 2014 -
Achieving a fair Family Law Property Settlement is the aim of most people who end up separating, but what is fair? It is very difficult for a person to work out what is fair when going through the emotional turmoil of a separation. An experienced Family Lawyer can help you.
What to Expect from a Family Lawyer
8 November 2013 -
A Family Lawyer will advise you as to his or her opinion as to where you stand when applying the applicable Family Law to your particular situation. However, a Family Lawyer will never be able to provide you with a definitive outcome in your case as the outcome of your case will depend on the following.
How do I settle my Family Law Custody Dispute in Melbourne if I am overseas or interstate?
22 July 2013 -
The Family Law Courts in Melbourne (being the Family Court of Australia and the Federal Circuit Court of Australia) have jurisdiction to determine a Family Law dispute if at least one of the parties to the dispute is either.
Which Family Law Court in Melbourne?
8 April 2013 -
Clients are sometimes confused about which Family Law Court is appropriate to hear their case in Melbourne. This is understandable as there are three separate courts on the same street in Melbourne which have jurisdiction on Family Law related issues.
Achieving a Fair Family Law Settlement for De Facto and Same Sex Couples in Victoria
15 March 2013 -
The Family Law in Victoria is now almost exclusively governed by the Family Law Act (Commonwealth) whether you are married, or in a de facto or same sex relationship. The State of Victoria previously had the power to make laws concerning couples who were not married, but referred those powers to the Commonwealth Government in 2009.
Can I move out of Victoria without a Family Law Court Order?
1 March 2013 -
Whether you are allowed to move out of your current home to a new place depends on a number of factors.
Can I apply for a Divorce in Australia if I was married overseas?
1 February 2013 -
An Australian Court has the jurisdiction to grant a Divorce if you were married outside of Australia, as long as at least one of the following pre-conditions apply:
Finding the Best Family Law Firm in Melbourne
15 January 2013 -
So your spouse has just announced, "It's over!" and you need to find a law firm to help guide you through one of the most stressful situations you are going to face. Where do you start? Do you go back to your local conveyancing law firm who looked after the purchase of your home?
Collaborative Family Lawyers - What Women (and Men) Want!
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15 April 2009 -
On 1 March 2009, new Commonwealth laws for spousal maintenance and the division of property for people in de facto relationships came into force. The Commonwealth Family Law Act 1975 now applies to both married and de facto couples as well as same-sex couples. Previously, de-facto relationships were covered by State Laws and disputes between de-facto couples were determined by State Courts such as the Supreme Court and County Court- Such disputes are now within the jurisdiction of the Family Court of Australia and the Federal Magistrates Court, as are disputes concerning children of all relationships.
Family Court Pre Action Procedures
9 March 2009 -
Family Law Disclosure Rules
22 January 2009 -
A direct extract from Family Law Rules- Parts 13.1 and 13.2
Talk to us now for advice about your situation by phoning (+61) 03 9670 9677