No one intends for their marriage or de facto relationship to eventually break down, but the reality is that one in three Australian marriages end in divorce. Considering this, the creation of a pre-nuptial agreement is an excellent way to ensure that both parties are financially protected in the case of divorce or separation. Here, we answer some common questions you may have about pre-nuptial agreements.
What is a Pre-Nuptial Agreement?
A pre-nuptial agreement (or prenup) is a legally binding contract between two people who intend to enter a marriage or a de facto relationship. This contract is a mutual agreement that determines what will happen to certain assets, property and debts owned by the parties in the event of a divorce or separation.
Prenups can deal with any and all financial issues between parties, including those related to spousal or child maintenance.
A prenup is a type of Binding Financial Agreement (or BFA) which is recognised under Australian Family Law. As such, the Family Law Act (1975) outlines strict conditions that must be complied with in establishing a prenup.
What are the Conditions which Prenups Must Meet?
The Family Law Act stipulates certain conditions that need to be met before a prenup is legally binding. These include:

The pre-nuptial agreement must be in writing by each party.
The agreement must be signed by each party.
Before signing the agreement, each party must be provided with independent legal advice from an Australian legal practitioner about:
a. The effect of the agreement on their rights; and
b. The advantages and disadvantages to that party, at the time the advice was provided, to that party of making the Agreement.

Each party must receive a statement signed by their legal practitioner stating that the advice was provided to that party and a copy of the statement must be provided to the other party or their lawyer.
If these conditions are satisfied, the prenup is legally binding and can then be used to hold either party to account in the event of a divorce or separation.
What are the Advantages of a Prenup?
Preparing a pre-nuptial agreement can be majorly beneficial for both you and your spouse. In the event of a breakup, prenups can help provide:

Legal and financial clarity – Divorces and separations, especially when acrimonious, can become complicated and standoffish when determining the division of property. A prenup determines ahead of time where different assets will go, preventing conflict and further costs resulting from a contentious split.
Control over precious assets – Specific property of yours which you would like to maintain ownership of, whether it be family heirlooms or any other valuable assets you may have owned prior to the marriage, can be legally secured within the stipulations of the prenup.

In addition to financial reassurance, prenups can benefit relationships by clarifying the wishes of each party. A well-structured prenup can clear up uncertainties surrounding what would happen in the event of a potential divorce or separation, providing assurance for both parties and helping create a secure partnership which may even bring the couple closer together.
Do Pre-Nuptial Agreements Always Hold up in Court?
While prenups are an excellent way to minimise risk, there are certain circumstances where stipulations within a prenup may be set aside by a Family Law Court. These include situations concerning:

New children – The prenup may be set aside if there has been a material change in circumstances relating to the care of children and the person who has the caring responsibility for the child would suffer hardship if the prenup was not set aside.
Enforceability – If the Court finds one party was somehow coerced into signing or unduly pressured into signing the prenup, it may be set aside.
Unfair agreements – If the court regards the prenup to be unreasonably inequitable, the agreement may not stand.
Other violations of the Family Law Act – If any other stipulations under the Family Law Act (1975) are not met, including the non-disclosure of financial positions or the parties not consulting independent legal practitioners, the prenup may be deemed invalid.

Is a Pre-Nuptial Agreement Right for Me?
If you are about to enter a marriage or de facto relationship, you should take time to consider your options regarding a prenup.
At Pullos Lawyers, our experienced lawyers can help you create a prenuptial agreement which will be legally binding as well as ensure that your future plans are catered for in the case of a relationship breakdown. We can also assist with property settlements overseas, LGBT law, spousal maintenance and many more family law issues.
To speak to one of our lawyers today, please get in touch via email, or call us in our Gold Coast office on (07) 5526 3646, or in Brisbane on (07) 3144 1641.
 
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Congratulations to Katherine Smallshaw, now an Associate at Pullos Lawyers!
Katherine is a skilled and strategic family lawyer whose approach to all legal matters garners the respect of her colleagues. Just in the last year, Katherine’s expert legal skill and strategic approach to challenging matters played a crucial role in the success of one of Pullos Lawyers’ more complex international Family Law cases.
Katherine’s dedication to providing the highest possible legal service has this year led her to pursue a Masters in Law with a double major in Family Law and Wills & Estates, and we’re all looking forward to celebrating her upcoming achievements with her.
Katherine’s dedication and hard work is coupled with her natural ability to communicate on a meaningful level with those around her. Whether its clients or colleagues, Katherine’s approach puts people at ease and evokes a trust in her process and her advice.
Katherine is a talented, dedicated and skilful lawyer; every bit deserving of her promotion to Associate.
Congratulations Katherine, you have a wonderful future ahead and we all look forward to being there with you to celebrate!
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Jessica Craddock has been named Senior Associate at Pullos Lawyers!
Over the last 3 years, Jess has become an integral part of the Pullos Lawyers team. Her dedication and loyalty to her clients has led to a sophisticated understanding of multifaceted issues and an ability to achieve the best possible outcomes in complex matters.
Jess has particular expertise in children’s matters and the areas of parental conflict and domestic violence, which she consistently uses to assist clients through what can be their most difficult and trying experiences. We are incredibly proud of Jess’s professionalism, expertise, and growth as she establishes herself as a leader in the field of Family Law and we want to congratulate her on becoming Senior Associate at Pullos Lawyers.
Jess not only shows the professional acumen of a Senior Associate, but she is a key member of the Pullos Lawyers family. Her dedication to her work and continuing professional growth are equalled only by her loyalty to and support of her colleagues. A quiet achiever by nature, Jess always goes out of her way to support and encourage her colleagues. She is a respected, friend, leader, and exceptional family law practitioner at Pullos Lawyers and we can’t wait to work with her and celebrate her achievements for many years to come.
Congratulations Jess, you are now a Senior Associate at Pullos Lawyers!
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Congratulations to Kristy Haranas on being named Director at Pullos Lawyers!
Kristy embodies the ethos and approach to law that has made Pullos Lawyers one of the country’s leading boutique Family Law firms, and we are very proud to announce her new role as Director at Pullos Lawyers.
In 2019, Kristy achieved Specialist Accreditation in Family Law, as well as obtaining her Masters in Law, capping off her previous years working alongside a selection of the country’s best family law practitioners. Kristy is a highly qualified family law practitioner and her excellence in the field was recently recognized by Doyle’s List, when she was named a Rising Star in Family Law. By her achievements in the law alone, Kristy is more than deserving of her promotion to Director at Pullos Lawyers.
Kristy is more than her qualifications though, she is a compassionate and decisive Family Lawyer with excellent problem solving skills and an ambition to achieve the best resolutions for her clients. Kristy always gives her fullest attention to her clients, whether they’re presenting relatively simple or extremely complex cases. Her skill, compassion, and dedication to her clients are aspirational to all those around her and ensure that clients feel confident, secure, and assured in any matter.
Whilst we at Pullos Lawyers were sure of Kristy’s skills and value right from the start, it has been her leadership, mentorship to peers and care for the Pullos Lawyers family that has cemented her place as Director. Kristy has settled seamlessly into our PL family, and has the unique ability to both stand out as an example of excellence whilst simultaneously promoting the achievements and success of those around her.
Kristy is one of the corner-stones of Pullos Lawyers and we very happy to be naming her as a Director. She has all the qualities of a respected and trusted leader at PL and I’m very much looking forward to working together as co-directors for years to come.
 
Cassandra Pullos.
 
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The Family Court and Federal Circuit Court of Australia have launched a brand new initiative designed to improve the safety of at-risk families involved in family law disputes.
Launched by Chief Justice Alstergren at the National STOP Domestic Violence conference on the Gold Coast on Thursday 3 December, The Lighthouse Project is a three-part, three-year  $13.5m Government funded program that will be piloted in Adelaide, Brisbane and Parramatta FCC regions.

The Federal Circuit Court of Australia has outlined how the Lighthouse Project will work:

Screening

When an Application or Response for parenting only orders is filed at one of the three pilot registries, parties will be asked to complete a questionnaire via a confidential and secure online platform known as Family DOORS Triage. Developed specifically for the Courts, this can be completed safely and conveniently from any device including a computer, mobile or tablet.

Triage and case pathways

A dedicated, specialised team will assess and direct cases into the most appropriate case management pathway based on the level of risk. The team is made up of highly skilled Registrars, family counsellors and support staff with detailed knowledge in family violence and family safety risks. The team will triage matters and identify parties who may require additional support and safety measures.

Case management

Cases will be directed into one of three case management streams:
Evatt List – This specialist Court list is designed to assist families who have been identified as being at high risk of family violence and other safety concerns. The Evatt List focuses on early information gathering and intervention, through a Judge-led support team. The team has specialised training and is experienced in working with families where high risk safety issues have been identified.
Other case management – low to moderate risk cases will be directed into the usual case management pathway for  Federal Circuit Court casesm with a focus on completing alternative dispute resolution to resolve or narrow the issues in dispute, where appropriate.
Alternative Dispute Resolution – suitable cases will be targeted for court ordered family dispute resolution to assist parties to resolve issues as soon as possible.
Chief Justice Alstergren shared his views in an article with QLS Proctor:
“The level of family violence in our society is a disgrace,” Chief Justice Alstergren said.
“We as a community cannot accept the number of deaths every week, month or year, or the number of people scarred for life physically, or mentally.
“For too long, the process of separation and divorce has been viewed largely as a legal issue. But we know, it is much broader than that. The courts’ innovative Lighthouse Project places significant attention on the health, safety and wellbeing of separating couples.
“As a modern court operating in the family law jurisdiction, our role is in early risk identification and responsiveness to those risks.
Want To Know More About How the Lighthouse Project?

For more information on how the Lighthouse Project may help you, or for any other Family Law issues, please get in touch with Pullos Lawyers via email, or call us in our Gold Coast office on (07) 5526 3646, or our Brisbane office on (07) 3144 1641.
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Christmas. For most people, the holiday period is a time of joy and celebration, particularly given the strain that 2020 has brought.
But for others, it’s a time when stress and fear is at an all-time high. Did you know, that public holidays such as Christmas and New Year as well as major sporting events have been linked to an increase in incidents of domestic violence?
Why is Christmas a Time of Year When We See a Spike in Domestic Violence?
Research suggests this spike at Christmas time in domestic violent incidents can be explained by a few factors.
These factors include increased contact between victim and perpetrator (time spent at home due to holiday periods, and more time spent at family events), increased alcohol consumption and higher levels of financial stress.
It’s a reminder, too, that domestic or family violence is not limited to just physical abuse. In Queensland, the definition of domestic and family violence includes emotional and/or verbal abuse, stalking and harassment, damage to property, isolation from family or friends and financial control.
Concerned About Domestic Violence in Your Relationship?
Here at Pullos Lawyers, we approach our clients with empathy and understanding. We recognise that not all relationships are the same and there is no ‘one-size-fits-all’ solution, particularly in circumstances where domestic or family violence is an issue.
If you, or someone you know, suffers from domestic or family violence, please contact our lawyers for an obligation-free, confidential discussion. We can help you leave your relationship safely.
Christmas time is a period when lots of family issues come to the front. We can also assist with divorce, Same Sex Relationship Law & Transgender Law, child support and more. To speak to us, please get in touch via email, or call us in our Gold Coast office on (07) 5526 3646, or our Brisbane office on (07) 3144 1641.
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If you or your partner own a business and are are considering separation or divorce, questions around business ownership are likely to arise. In addition, there can be a number of challenges to navigate through – and not just for the parties to the relationship. These challenges may arise for anyone running the business, any other business partners, as well as any shareholders or those with a vested interest in the business. 
 
Whether it’s a start-up, small business, local business or even a thriving multinational, we share what you need to consider, and what your rights are when it comes to separation or divorce and business ownership. 
 
Is My Business Likely to Be Considered an Asset of a Marriage?
All business interests in a marriage or de facto relationship – whether held within a partnership, as a sole trader, a company or a trust structure – can be considered an asset of a parties according to Family Law Act. 
 
Just like marital assets, the court will take the following steps in a property settlement following separation or divorce to determine the division of a business, or if another solution is to be reached:

Identifying and attributing value of assets and liabilities
Assessing financial and non-financial contributions such as one party being the primary home carer
Considering the “future needs factors”
Whether these processes are just and equitable

 The way the business is structured and how it is operated may impact how the business is dealt with during your family law case.

How Do I Protect My Business in the Event of Separation? 
If you are in a relationship and own a business, or you are in a relationship and looking to start a business, legal planning is key and we suggest you speak to an experienced Family Lawyer before to start. If you have a business partner, ask them to do the same. 
 
You may wish to enter into a binding financial agreement so that you and your partner agree how assets will be divided in the event of separation.  This can be entered prior to or during your marriage/relationship.

Will I Need to Sell My Business? 
One of the most commonly asked questions when it comes to separation or divorce and business ownership, is “will I need to sell my business?”
 
You will only need to sell your business if both parties agree to do so, or if an equitable division of your assets can’t be effected through the division of other property.  Similarly, if the parties can’t agree on the value of the business, it will need to be valued by an appropriate expert. Until a valuation is reached, you won’t be able to move forward with your family law settlement 
 
Once a valuation has been obtained, this will help to facilitate negotiations between the parties, which may include options such as one party purchasing the other party’s share in the business and/or other assets, swapping assets of similar value, or rearranging business operations to suit both parties.
 
If an agreement cannot be reached, and the property dispute is referred to the Court, the valuation may also be used by the Court to assist in determining the outcome.

How is a Business Valued?
Determining the value of a business can be very difficult. 

In a separation or divorce, when a business is valued for the purposes of a property settlement, it is not necessarily the same value assigned to a business if being prepared for sale.  
 
A property settlement valuation determines the value of the property to the owner; the benefits that the owner would receive if they continue to maintain their interest or role in the business. However, the valuation will reflect the fair market value of the business.
 
Just like a relationship, no business is the same, so there is not a single method that is used to determine the value. 
 
The valuer may consider things like whether the business is currently in operation, if the earnings are stable, any businesses assets and liabilities, and how the business is categorised, such as is it categorised as a sole trader, spouses in partnership, a company-held business, or even in a trust arrangement?
Have More Questions About Separation or Divorce & Business Ownership?
If you are in the process of separation or divorce and have questions in regards to business ownership or assets, we suggest you obtain legal advice at the outset to ensure you have all the required information before making any agreements when it comes to property settlements or valuations. At Pullos Lawyers, we can speak to you about how to protect your assets, as well as how best to approach your separation and property settlement based on you and your business’ requirements. We can also assist with separation & divorce law, spousal maintenance and child custody law. We invite you to get in touch for a free consultation. 
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In 2017, Australia became the 26th country to legalise same-sex marriage, with the passing of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 through Australian parliament.
This amendment revised the Marriage Act 1961 (Cth) by redefining marriage as:
“The union of two people to the exclusion of all others, voluntarily entered into for life.”
This means that in Australia, same-sex couples currently have the same right to marry as heterosexual couples, and to access the same resulting legal benefits. However, marriage is sometimes accompanied by separation, and in Australia almost 1 in 3 marriages result in divorce.
If you are considering a same-sex divorce, or entering a same-sex marriage, you might be wondering what potential divorce proceedings could look like for you.
Here, we answer some common questions about same-sex divorce proceedings in Australia.
Is There a Difference Between Heterosexual Divorce and Same-Sex Divorce?
As same-sex marriages have been given the same legal status as heterosexual marriages, there are no differences in marriage or divorce proceedings between same-sex and heterosexual marriages.
However, due to the history of marriage laws in Australia, there is one notable area where complications surrounding same-sex divorce or marriage can arise – and this is in cases where an overseas marriage has previously taken place.
Overseas marriages are recognised in Australia if:

The marriage is recognised as valid under the law of the country at the time it was entered into.
The marriage would have been recognised as valid under Australian law if the marriage had taken place in Australia.

Because of this second stipulation, same-sex marriages which occurred overseas would not have been considered valid in Australia prior to the legalisation of same-sex marriage in 2017.
If you were a same-sex couple who married overseas, but who has since separated, you may not have felt it necessary to officially end that marriage – as your marriage was not legally recognised in Australia.
However, since the legalisation of same-sex marriage, Australia now recognises same-sex marriages which occurred overseas, regardless of whether or not they took place before same-sex marriage was legalised in Australia.
As Australian law states that it is illegal to be in two marriages simultaneously. If you would like to marry a new partner in Australia while still being technically married overseas, you will need to divorce your overseas partner before marrying again.
If your same-sex marriage overseas has now been recognised in Australia and you are still in a relationship with the same person in Australia, you are unable to marry them again in Australia. However, you can hold a recommitment ceremony or confirmation of vows.
What Are The Legal Criteria for Divorce in Australia?
Australia has a ‘no-fault’ divorce system as outlined in the Family Law Act 1975. This means that courts do not consider why the marriage has ended; only that the marriage has broken down irretrievably.
However, in order to legally divorce, you must demonstrate that you and your partner have been separated for a minimum of 12 months before an application can be filed. The reasoning behind this 12-month waiting period is to ensure the parties have had time to properly consider the separation.
It’s worth noting that you do not necessarily need to have been living separately in order to be considered ‘separated’; you just need to be able to demonstrate that you have not been in a relationship.
In order to file for divorce, either you or your spouse must also demonstrate that you:

regard Australia as your home and intend to live in Australia indefinitely, or
are an Australian citizen by birth, descent or by grant of Australian citizenship, or
ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

If these criteria are met, you may begin divorce proceedings.
What is the Application Process?
One party to a relationship can apply for divorce by themselves, called a ‘sole application’, or the couple can make the divorce application together, called a ‘joint application’.
If the application is not co-signed then the sole applicant (or their solicitor) must serve a copy of the document to their partner. The signed application is then submitted to the Federal Circuit Court of Australia, along with the marriage certificate.
If the court is satisfied that the marriage has broken down, they will make the official divorce order.
One difference between the heterosexual and same-sex divorce process is that same-sex couples cannot currently apply for a divorce online. This is expected to change in the future, but the Family Court website encourages same-sex couples to contact the National Enquiry Centre for more information about this process.
How Can a Solicitor Help?
Divorces can turn into complicated proceedings, as considerations will need to be made regarding issues such as:

Property settlements
The welfare and living arrangements of any children involved
Spousal maintenance
Child support

An experienced solicitor can help ensure that you are making the right decisions, and provide expert opinion as well as an objective overview of your situation.
It’s important not to let your emotions stand between you and your desired legal result. At Pullos, we are experienced in same-sex divorce can help guide you through the divorce process with legal advice to minimise your stress.
We can also help create Parenting Plans or binding financial agreements.
Are You Considering a Same-sex Divorce?
If you are in a same-sex marriage and considering divorce, Pullos Lawyers are here to help you navigate through this emotionally difficult and complex time of your life.
Our team of family lawyers can help you with filing your divorce application, preparing your affidavit and assisting throughout the divorce process.
We can also assist with a range of matters including De Facto & Same Sex Law and Spousal Maintenance. Please get in touch via email, or call us in our Gold Coast office on (07) 5526 3646, or our Brisbane office on (07) 3144 1641.
The post What Are Same-Sex Divorce Proceedings in Australia? appeared first on Pullos Lawyers Pty Ltd.

When a couple separates, whether it be a divorce or the breakdown of a de facto relationship, an important part of the separation process is determining how property and assets will be divided between the couple moving forward.
In Australia, it is common for parents to loan or gift their children significant sums of money, which is often put towards purchasing properties or cars. Complexities can arise in cases where a couple, or one member of the couple, were gifted or loaned money by a parent which subsequently needs to be categorised (during a property settlement). This is particularly common when there is a lack of clear evidence as to the  intention  of the family member at the time the money was provided.
As such, it is important to understand how loans and gifts are treated during property settlements in QLD, and what determines whether a payment is counted as a loan or a gift.
How Do Gifts and Loans Affect a Property Settlement in QLD?
When a couple is separating, they typically make an arrangement which outlines how assets, liabilities and financial resources will be split between the couple. This can be done with or without the assistance of the Family Court.
This process necessarily entails evaluation of the couple’s ‘property pool’ to be divided, which can include items of value such as:

Property (whether owned independently or jointly)
Cars
Superannuation
Business interests
Jewellery
Animals
Inherited assets

There is no set approach that the court takes when determining division of property during a property settlement in QLD, and the asset split is assessed on a case-by-case basis. However, one of the main factors considered by courts is who contributed what to the property pool.
So, where does gifted or loaned money fit into this evaluation?
In Family Court proceedings dealing with a property settlement, money which is considered to have been a gift to one member of the separating couple is viewed as a contribution to the property pool on behalf of the person who received the money. This means that it can be included as part of the property pool, and therefore divided between the separating partners as the Court sees fit. Depending on the amount of money, how it was used by the parties, the length of the relationship and other contributions which may have been made, that party may receive a larger share of the asset pool to account for their greater contributions. However, this may not always be the case.
Notably, if the gift was clearly intended for one party of the couple, the Court views the gift as a contribution from that individual. If the intention at the time of gifting was that the money was for both people in the relationship, the gift will be taken as an equal contribution to the property pool.
In addition, if the gift was received prior to the commencement of the relationship, it is typically categorised as an initial contribution from the original gift recipient.
If a payment received by the couple or one of the parties is instead considered to have been a loan, it is not included in the property pool to be divided. Instead, it is typically treated as joint liability, which must be repaid from the property pool to the lender before the rest of the assets are divided.
This means that categorising a received payment as a loan as opposed to a gift during the course of a property settlement can greatly benefit one party.
A typical case in which disputes over the categorisation of a payment as a gift or a loan occurs when a parent makes a significant payment to a child, and the child then separates from their partner. The partner may claim that the money was a gift, and should therefore be included in the property pool to be divided, while the person who received the money (or the parent who provided it) may claim that the payment was a loan and should be repaid to them out of the property pool.
The question then becomes: what is the criteria used by the Court to determine whether a payment was in fact a loan?
What Determines Whether a Past Payment is Considered a Gift or a Loan?
The key differentiator between gifted or loaned money is that gifted money was not expected to be paid back at the time of gifting, whereas loaned money was.
This means that when determining whether a payment was a gift or a loan, the court will consider the intentions of the giver. Evidence which the court considers when deciding if a payment was in fact a loan include:

The loan itself having been recorded in writing
Recording of the terms of repayment for the loan
Whether there is a finite loan period or dates for expected repayment
Whether any payments by the borrower have actually been made
The capacity of the receiving party to repay the loan

For this reason, it is important for an individual loaning money to create a formal agreement at the time of lending, including details such as the amount borrowed, any payable interest and the terms of repayment. This could save an immense amount of hassle and legal fees down the line, if a dispute concerning the payment arises during a property settlement in QLD.
If the Court finds that there is a lack of sufficient evidence suggesting the payment was a loan, they will categorise the payment as a gift.
This is what happened in a where a mother provided her son with $98, 600 towards purchasing a property. Upon the breakdown of the son’s marriage, he claimed that the money should be repaid, whereas the wife denied that the money should be considered a loan and instead suggested it be considered a contribution to the property pool made on the husband’s behalf.
As there was a lack of written evidence at the time the money was provided concerning typical loan requirements such as interest payable, required repayments and a time period of capital repayment, the court categorised the money as a gift and considered it a contribution to the matrimonial property pool by the husband.
Need Advice on a Property Settlement in QLD?
If you are navigating a property settlement in QLD, or are considering gifting or loaning someone money, our experienced lawyers can help ensure you make an informed decision and avoid running into future pitfalls by protecting your assets. We can also assist with property settlements overseas, LGBT law, spousal maintenance and many more family law issues.
To speak to one of our experienced lawyers today, please get in touch via email, or call us in our Gold Coast office on (07) 5526 3646, or in Brisbane on (07) 3144 1641.
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Polygamy is defined as “the practice or condition of having more than one spouse, especially wife, at one time.”
While having multiple spouses is common in many cultures, it is typically considered taboo in Western societies. Hence, circumstances may arise where an individual who is involved in a polygamous marriage overseas comes into conflict with Australian law.
More common still is an occurrence where an individual moves to Australia and attempts to marry while still being legally married overseas. If you are in a situation similar to these, or are currently living in a polyamorous relationship, you may be wondering about the legal status of polygamy in Australia, as well as the legal differences between polygamy and polyamory.
Here, we address some common topics regarding polygamy in Australia.
Is Polygamy in Australia Legal?
Polygamy is currently illegal in Australia as it necessarily entails the crime of bigamy, which is defined as entering into a marriage with someone while already being legally married to another.
In Australia, bigamy is illegal according to the Marriage Act 1961 (Cth) which states that, “A person who is married shall not go through a form or ceremony of marriage with any person.” Bigamy carries a sentence of up to five years in prison. By definition you cannot have a polygamous marriage in Australia without being married to two people at once, which would make you guilty of the criminal offence of bigamy. Thus, polygamy in Australia is not legal.
If I am Legally Married Overseas, Can I Be Married Again in Australia?
If you are legally married to an individual (or multiple individuals) in another country, you cannot legally marry another spouse in Australia.
This is because overseas marriages are typically recognised in the Australian legal system, according to the Marriage Act 1961 (Cth) which legislates that an overseas marriage will be recognised providing that the marriage:
• Must be recognised as valid under the law of the country at the time it was entered into• Would have been recognised as valid under Australian law if the marriage had taken place in Australia
This means that you cannot legally be married in Australia if you already have a spouse overseas. It also means that if you have been involved in a polygamous relationship overseas, Australian law will not recognise the validity of the multiple marriages, as they would not have been considered legally valid had they occurred in Australia.
The Difference Between Polygamy and Polyamory
While polygamy refers specifically to an individual having multiple spouses, polyamory refers to an individual having multiple partners.
Hence, while polygamy is illegal, it is perfectly legal to be polyamorous and be in relationships with multiple people simultaneously, as long as you do not attempt to marry more than one of them. Since Australian law recognises both marriages and de facto relationships, you can establish de facto relationships with multiple partners.
Individuals in de facto polyamorous relationships (also known as ‘multiple relationships) are typically entitled to the benefits and payments typically available to couples.
If you are in a relationship with multiple partners, it is important to consider the legal implications of having the relationships legally deemed de facto, as well as to work with a lawyer to create a financial agreement determining what will happen in the case of a relationship breakdown.
Seeking Advice About Polygamy In Australia?
If you are concerned about how an overseas marriage may affect your future in Australia, or you are in a polyamorous relationship and considering your options regarding marriage in Australia, we are available to help.Our experienced lawyers are familiar with navigating complex issues involving polygamy in Australia and are passionate advocates for empowering individuals to love whom they choose. Get in touch with our lawyers today via email, or call us in our Gold Coast office on (07) 5526 3646, or in Brisbane on (07) 3144 1641.
 
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While knowledge concerning child support payments is commonplace, many Australians do not realise that in situations where a relationship has broken down or ended, spousal maintenance may also apply.
Spousal maintenance is the legal responsibility that one party may have to support their spouse, or former partner following the breakdown of a de facto relationship.
If you are involved in a relationship which has broken down, here are some common questions you may have concerning the availability of spousal support and whether a spousal maintenance calculator can help you determine the amount you could be paying or receiving.
When Is Someone Entitled to Spousal Maintenance?
The Family Law Act 1975 governs spousal maintenance. A party may have a legal obligation to provide financial support to the other if the Court finds that the person seeking maintenance cannot meet their own reasonable expenses, and that the other partner has the capacity to reasonably assist them in meeting those expenses.
Spousal maintenance and support can be claimed irrespective of the gender of the parties involved, meaning that it can be claimed by husbands, wives and either party in same-sex couples. You also do not have to have been married.
There are strict time limits on how long you can apply for spousal maintenance after a relationship has ended. If the relationship in question was a marriage, you must file your Court application within 12 months of the date your divorce became final. If the relationship in question was de facto, you must make an application within 2 years of the date of your separation.
Is There A Spousal Maintenance Calculator I Can Use to Determine Potential Payments?
As with many areas involving family law, there is no exact equation for determining how much financial support should be paid. If the parties involved cannot reach an agreement, an application can be made by the potentially entitled party to a Family Law Court. The Court will take a number of factors into consideration to determine liability and subsequent payments, including:
• The earning capacity of each party;
• The resources of both parties: including income and property
• The status of either party as being a primary carer for a child;
• Obligations of either party to support another person;
• Prior financial agreements which have been made between the parties
• The length of the relationship between parties, and whether the relationship affected either parties’ capacity for earning
It is worth noting that despite the many considerations, the most fundamental factor in determining spousal support will typically be an assessment of both parties’ income and expenses.
Due to this imprecise and case-by-case nature of determining spousal maintenance obligations, there is no exact spousal support calculator which you can rely on. While there are spousal support calculators online which may provide rough estimates based on income level, it is wiser to seek appropriate legal advice if you are in a situation which may involve spousal maintenance payments.
An experienced lawyer can consider the various determining factors and provide a reasonable estimate of the payment amount you may be liable to pay, or to receive. To ask us for a schedule which can help you calculate your weekly income and ongoing expenses, click here and send us an email with your request.
What Are the Different Ways Spousal Maintenance Can Be Paid?
Once the court has determined an appropriate amount to be paid in spousal maintenance, there are numerous ways the support can be paid, including:
• A one-off lump sum payment
• Regular payments for a specific period, for example, weekly, fortnightly or monthly; and/or
• In the form of expenses such as loan repayments, accommodation, vehicle-related costs or health insurance.
Would Like to Speak to Someone Regarding Spousal Maintenance Calculations?
At Pullos Lawyers, our legal team is experienced with issues involving spousal maintenance and support, and can assist with spousal support calculations to provide payment estimates. We can also assist in making or defending a spousal maintenance application. For further reading, you can also check out our post on spousal maintenance FAQs. To speak to one of our lawyers today, please get in touch via email, or call us in our Gold Coast office on (07) 5526 3646, or in Brisbane on (07) 3144 1641.
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The long list of things to do after divorce can be overwhelming. You will need to work through the list, prioritising important tasks that need to be done at the outset, and what can be done further down the track. One of the tasks that needs to be close to the top of your list is changing your Will after a divorce, as failing to do so could have serious consequences for your estate.
We share some helpful information on the effect of your will after separation, and the implications of not changing your will after divorce to reflect your current circumstances below:

After Separation
When you separate from your partner, the provisions of your Will that relate to your spouse will continue to have effect until after your divorce order is made. This is because at law, your marriage still exists even though you are no longer “together”. In Australia, married couples must be separated for at least twelve (12) months before applying to the Court for a divorce order. As with most legal requirements, there are some exceptions you can read further about here.  So even though you and your spouse have separated, if you have named them as the beneficiary of your estate, they will remain the beneficiary. This could result in you gifting the entirety of your estate to your former partner!

After Divorce
After your divorce becomes final, any provision of your Will that relates to your spouse will have no effect and your estate may be left, for example, without an executor or a beneficiary or you may effectively die intestate. Put plainly, for inheritance purposes, your ex-spouse is treated as if they had died upon your divorce becoming final. If you fail in changing your Will after divorce, your estate could be treated as if you don’t have a Will at all, or your estate may be dealt with differently to how you had planned.
 
Need Some Help Updating Your Will After a Divorce?
 
If you are going through a divorce or have recently separated, Pullos Lawyers can help guide you through the often complex and emotional process. Our team of family lawyers can help to simplify the process and minimise stress, by assisting with filing your divorce application, updating your will after divorce, and guiding you through the essential steps. We can also assist with a range of matters including De Facto & Same Sex Law, Spousal Maintenance, and property settlement. Please get in touch via email, or call us in our Gold Coast office on (07) 5526 3646, or our Brisbane office on (07) 3144 1641.
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Social media has become a part of everyday life which is why it is not uncommon to find screenshots of Facebook and Instagram posts annexed to family law affidavits. There are a number of cases which show a willingness by the Family Courts to adopt and use social media posts as evidence in court where necessary. Any statements or representations made by you on social media will most certainly be used scrutinised in court and tested and could be detrimental to your family law outcome.
Types of Social Media Posts that may be used as Evidence in Court
All sorts of social media posts can be used as evidence against you in court. They may use them as evidence of your character, or  evidence of activities you partake in, or your inability to parent, even if you feel they are not an accurate representation.
Negative comments about your former partner on social media are regularly annexed to affidavits filed in a Family Law parenting matter. Negative social media posts don’t support both parents being able to co-parent the children and support the other parent’s relationship with the children.
Pictures shared on Facebook or Instagram are social media posts that can be used as evidence in court; An innocent Instagram post of Sunday afternoon drinks?… Or evidence of your diminished parenting capacity? Happy holiday snaps? … or evidence of your capacity to pay spousal maintenance?
As it is often difficult to obtain evidence showing behaviour which is not child-focused, we are seeing an increase in the reliance on unsavoury Facebook pictures, statuses and posts as primary evidence in circumstances where there may otherwise be no evidence to rely on.
Posts on Social Media About your Court Proceedings
You should  make sure to never post about your Court proceedings on social media, or any public forum. Section 121 of the Family Law Act 1975 (Cth) makes it an offence (punishable by a term of imprisonment) to publish “by other electronic means, or otherwise [disseminate] to the public or a section of the public” any account of anything that would identify a party to the proceedings, or a person who is related to, or associated with a party to the proceedings.
Want To Chat More About Social Media and How To Ensure You Don’t Post Anything That Could Be Used As Evidence in Court?
If you are concerned that your social media posts may be used against you as evidence in your specific family law case, or would like more information on social media best practices when going through proceedings, Pullos Lawyers can assist. We are specialist family lawyers with many years’ experience dealing with all types of family law issues, including divorce, domestic violence, LGBT law, children’s issues, international divorce and many more. Please contact us or phone us on (07)5526 3646 (Gold Coast office) or (07) 3144 1641 (Brisbane office).
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While it is always the intention of the Court that a final parenting order will be just that – final – it is undeniable that as your children grow and develop, so will their needs and opinions. If your orders were made when your child was three, you could now be faced with a pre-teen who has needs and opinions that those orders simply do not address. It may be the case that those final orders are no longer in the best interest of your child.
A parenting order can always change by agreement between you and the other parent. However, if you are unable to reach an agreement, then an application will need to be made to the Court. The Court must be satisfied that there has been a significant change in circumstances from those at the time of the original orders, before the Court will reassess a parenting matter. The change must be so significant that there is no doubt in the Court’s mind that litigation is necessary. The Court also needs to balance that up with the litigation and the best interests of the children.
Some examples of what could give rise to a significant change in circumstances are:

Re-partnering;
Relocation;
Parental conflict has risen to the point where the current orders are unworkable;
Change in employment;
Significant passage of time has led to the child changing their views on the current orders.

If you have a final parenting order in place, and you believe circumstances have changed enough to justify an alteration to an existing order, you should seek advice from a family lawyer. To speak to us, please  contact our team at Pullos Lawyers at our Gold Coast office on (07) 5526 3646 or our Brisbane office on (07) 3144 1641.
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There is a big, positive shift currently happening in family law in Australia. The Family Court of Australia has recently announced new dual initiatives designed to:-
 

Encourage the resolution of family law disputes outside of Court (alternative dispute resolution); and

Utilise new technology created to assess risk and triage cases.

 
The aim behind these initiatives is to clear the backlog of court cases which can see separated parties waiting years for a resolution.
 
The Court also seeks to ensure resources are allocated more quickly to the most high risk families and to improve the safety of both litigants and children who may have experienced family violence.
 
Here at Pullos Lawyers, we are aware of the profound and long lasting effects that litigation can have on separating families. In court resolutions are often very emotionally complex and time consuming, as well as financially draining. By comparison, alternative dispute resolutions generally have a much-quicker turnaround, fewer out-of-pocket expenses, and numerous benefits for all involved – most significantly, any children involved.
 
Our director, Cassandra Pullos, is an accredited Family Law Specialist with over 30 years of experience. Alongside this, she has long been an advocate for the adoption of alternative dispute resolution practices including collaborative practice, parenting coordination, arbitration and mediation, and has extensive experience in these fields.
 
After training in Parenting Coordination in the US, Cassandra co-founded the Queensland Association of Collaborative Professionals in 2006, serving as the President for the first 4 years. Today, she is the Vice Chair of the Australian Association of Collaborative Professionals and has been instrumental in introducing Collaborative Practice and Parenting Coordination to Australia. She is the co-founder of Parenting Coordination Australia, where she has established herself as a national leader in dispute resolution as an Accredited Mediator, Arbitrator and an educator.
 
Want to find out more about alternative dispute resolution?
If you or anyone you know requires assistance with a family law matter, we invite you to get in touch with us. Our team has experience dealing with a number of family law issues, both via the Family Law Courts and via alternative dispute resolution, and can advise on the best course of action for you and your circumstances. To speak to us, please  contact our team at Pullos Lawyers at our Gold Coast office on (07) 5526 3646 or our Brisbane office on (07) 3144 1641
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The Covid-19 pandemic has brought about many changes to the way we do things. The legal landscape in particular has had a number of substantial changes come in to effect – some temporary, and some permanent – with many more still likely to come.
As of 7 August, the Queensland Government has released Border Restrictions Direction (No.11) in response to the state government’s decision to close the borders to New South Wales and Australian Capital Territory residents in order to combat the further spread of Covid-19.
This new Border Restrictions Direction (No.11) comes into place at 1.00am on Saturday 8 August, 2020, superseding the Border Restrictions Direction No.10.
This directive requires people from these states seeking entry into Queensland for a court appearance to provide evidence of a court order, as well as confirmation that they are to attend court in person, before they are allowed into Queensland. This will be of particular interest to those with shared parenting agreements where one parent lives in either of these states, as they will now need to provide official court documents to be permitted into Queensland.
The QLS Proctor shares details of the direction in more detail:
“The direction issued by Queensland Health and released today includes a requirement of anyone from a declared COVID-19 ‘hotspot’ to provide court-issued documentation to cross the state’s border.”
“Generally people who have been in declared COVID-19 hotspots cannot enter Queensland, but there are certain exemptions relevant to the legal profession and their clients,” the direction says.
Those exemptions include:

if the person is a Queensland resident
if the person is moving to Queensland as a new resident
if the person is a border zone resident who is a Queensland resident
to comply with an order to attend a court or tribunal or to give effect to orders of a court or tribunal, and they must provide evidence of a court order and confirmation from the court that they are to attend in person
to fulfil a legal obligation relating to shared parenting or child contact, including as part of an order or arrangement under the Child Protection Act 1999, and they must provide evidence of a court order or a legal agreement, or
to assist with or participate in a state or Commonwealth law enforcement investigation or other action at the request or direction of a state or Commonwealth department or law enforcement agency.”

Need Assistance understanding how the new Border Restrictions Direction No. 11 Affects You?
For information or clarification on how this may affect your upcoming family law matter, or your current shared parenting agreement, please contact our team at Pullos Lawyers at our Gold Coast office on (07) 5526 3646 or our Brisbane office on (07) 3144 1641 We are well versed in all areas of family law including divorce law, children’s issues, and more. We are closely following the constantly evolving effects Covid-19 is having on legislation and family matters in Queensland, and would be happy to assist.
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When it comes to separating from a partner you share a child with, learning how to co-parent can be difficult.
For most families, it’s the best way to parent for all parties post-divorce – but it’s not always smooth sailing. If you’re dealing with an ex-partner who is high-conflict, co-parenting can very quickly become draining: emotionally, and in some instances, financially.
For those ex-couples who are struggling to agree on ways to co-parent or even communicate with each other, you’ll very likely find yourself asking the question: is co-parenting necessary?
We share the benefits of co-parenting, some strategies for managing it, and some alternatives if you’re struggling to make it work.
What is Co-Parenting?
Co-parenting means different things to different people. For most people, co-parenting is the process of two parents working together to raise a child born out of their previous relationship. Co-parenting can be made even more difficult in circumstances where parents have not known each other for long periods of time as quite often, they are still learning the other person’s parenting style.
It’s usually best for your children that you co-parent, and that parents agree on arrangements that will allow you to both be involved in your child’s life.
What Are Some Strategies for Effective Co-Parenting?
Whatever your situation is, you and your former partner need to make some clear decisions around how you’ll parent your children. Some important decisions are as follows:-
• Make a decision to put your children’s needs first and make a commitment to minimise conflict between you.
• Devise a co-parenting plan – consistency is key. Sit down with your ex-partner to put in writing a plan that will work for both of you. This plan can be as long or as short as you like. You will need to include things like:

Living arrangements
Visitation schedules;
How you want finances to be organised;
Where you want the children to go to school, how you deal with their medical needs;
Any religious and cultural considerations;
How you organise things like weekend sport, and birthdays;
You may also wish to include things like the process for communication if things change, agreed alternative carers, and anything else related to your specific circumstances.

• Plan for flexibility. Even the best laid plans can go awry. There will be instances when miscommunication between spouses or changing circumstances cause a blip in the plan. Try not to get frustrated, as this may make it difficult to get back on track.
• Accept that you and your partner will likely have different parenting styles. Try to recognise that there are some things that are non-negotiable (such as schedules pertaining to medical care), and some things that are simply preferential. As long as both parenting styles ensure their safety and health, and meets the needs of the children, agreeing to disagree on certain things in your co-parenting plan will be necessary.
• Maintain respect. While you and your partner are no longer together, it is important to be respectful when dealing with and talking about the other parent in the presence of the child. Unless there is a risk in doing so, it is in the child’s best interests that both co-parents try their best to foster the child’s relationship with the other parent.
Many parents also choose to have any agreement reached between them formalised as Consent Orders. A Consent Order is a legally binding Court Order which is enforceable by both parents If one parent breaches this Consent Order, they may be penalised by a Family Court. You can apply for a Consent Order through the Family Courts 
And, even if you have come to an agreement together, it is always a good idea to get independent legal advice before you formalise it. A family lawyer can also assist with applying for Consent Orders. Please get in touch with us at Pullos is you need assistance.
The Family Court website provides more resources when it comes to agreeing on arrangements.
It is Very Difficult for Me and My Ex-Partner To Agree. Is Co-Parenting Necessary?
While co-parenting is not essential, it is usually the best way to raise any shared children.
You both need to recognise that co-parenting tends to be challenging;. You will in all likelihood, need to make some compromises – remember to focus on the needs of your children, rather than your ‘wants’ and ‘rights’.
If you cannot come to an agreement on anything, and co-parenting (in the sense of two people working together) seems almost impossible due to high levels of conflict, there are some alternatives.
A Parenting Order is a court order made about the arrangements for your children. It is legally binding, and there can be significant penalties for breaches of a Court Order.
Unless there have been instances of violence or abuse, or in other exceptional circumstances, you must attempt to seek help from a mediator, relationship counsellor or family dispute resolution practitioner before applying for a Parenting Order.
Where a Parenting Order has been put in place but there is difficulty in implementation due to conflict between the parents, a Parenting Coordinator can assist. A Parenting Coordinator will work with you to develop effective, child-focussed strategies for dealing with the conflict so that you can both uphold court orders and parenting agreements in the long-term.
Both mediation and parenting coordination will typically involve shorter waiting periods and lower costs than an in-court solution.
Need Some Assistance Deciding If Co-Parenting is Necessary for You?
At Pullos Lawyers, we have a team with a depth of experience in a number of family law issues, including divorce, property settlement, child support, international family law, LGBTQI+ law and more, and are committed to helping you and your family achieve positive outcomes through empathetic, tailored approaches. Cassandra Pullos is a pre-eminent mediator and parenting coordinator, and has built a reputation for delivering exceptional out-of-court outcomes with her problem solving approach. Pullos Lawyers offer a free initial consultation, so please get in touch with our team via email, or on (07) 5526 3646 (Gold Coast office) or (07) 3144 1641 (Brisbane Office).
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When people start their search for a lawyer, it’s often their very first – and sometimes only – experience with the legal system. Everyone wants to hire a great lawyer and feel confident that their lawyer will have their best interests at heart, but this is not always the case.
Before you engage the services of a lawyer, it’s important you understand what they’ll be doing for you. It’s also important that you gauge that they have the right skills, experience and personal qualities to suit your specific needs, and the ability to meet – and manage – your expectations, and those of the legal industry.
So, if you’re asking yourself the question, “am I happy with my lawyer?”, and not sure of the answer, we can help. Here are some of the most common queries and concerns, and how you can address them.
What Rules is My Lawyer Required to Follow?
All lawyers in Australia are required to meet strict ethical and legal standards.
Conduct of Queensland lawyers is supervised by the Queensland Law Society (QLS) and the Legal Services Commission (LSC), and governed by the Legal Profession Act 2007 (Qld) and the Australian Solicitors Conduct Rules 2012.
You can find out more about Queensland lawyers’ responsibilities via the Queensland Law Handbook.
What If My Lawyer Didn’t Tell Me About the Cost?
As set out in Part 3.4 Divisions 4 and 5 of the Legal Profession Act 2007 (Qld) (Legal Profession Act), your lawyer has a legal responsibility to ensure that you as a client are made fully aware of all expected legal costs.
A good lawyer will put together a comprehensive written costs agreement. For work exceeding $1500, lawyers are required by law to disclose in writing how you will be charged and their estimate of your total legal costs.
They must also put in writing how often you’ll be billed, interest rates applied to any outstanding bills (if any), and the point of contact at the law firm for any questions pertaining to costs.
If you wish to dispute a bill, there are a number of actions you can take. The first is to discuss with your lawyer to see if you can come to an agreement. The lawyer may clarify the bill further, or offer a reduction. If discussions are not successful, you may wish to try mediation.
If you wish to make a formal complaint, you can make an application for a costs assessment within 12 months that the bill was given.
When it comes to legal costs regarding Family law matters, these are governed by the Legal Profession Act. More information on costs can be found via the Family Court and the Federal Circuit Court.
What if My Lawyer Doesn’t Listen to Me?
A lawyer is required to act in a client’s best interests. In addition, your lawyer must act within the scope of the agreement they have with you as a client, and they are required to carry out your lawful instructions, even if they do not agree with those instructions.
However, it is important to understand that lawyers also owe a duty to the Court. On occasion, a client may attempt to direct the lawyer in a way that is a contravention of the law or breaches their ethical duties. In these instances, the lawyer’s duty to the Court will prevail
If your issue is with your lawyer ignoring you or not responding within a reasonable timeframe, try to correspond via an email or traditional letter first. If you get no response, see if you can organise an in-person meeting.
If this fails, or you believe the failure to follow instructions amounts to unsatisfactory conduct, you can make a formal complaint. We share how to do this below.
What if I feel My Lawyer is Giving Me Bad Advice?
Your lawyer is required to give you advice that is correct to the best of their knowledge.
On occasion, however, a lawyer may intentionally or unintentionally give incorrect, misleading or poor advice to their client, which negatively impacts the outcome of their case or causes them financial losses.
If you are questioning the advice your lawyer is giving you, it is best to first speak to them about it. If you are still unsure of the advice your lawyer is giving you, we suggest speaking to another legal professional who will be able to advise if the information is correct.
If legal proceedings have concluded, you might be able to submit a compensation claim for the loss you’ve suffered as a result of their negligence.
Can I Change My Lawyer?
If you have lost faith in your lawyer and have been unable to resolve your differences partway through the process, you can choose to replace them.
You will need to pay your lawyer for any work they have done that payment is outstanding for as per your agreement. Until such time as you’ve settled any outstanding bills, your previous lawyer may hold on to your file which could make it difficult for your new lawyer to understand the status of your case.
Once you have found a new lawyer, your previous lawyer will usually require that you sign a “transfer authority” so that they can obtain your file and commence working.
How Can I Make a Complaint About My Lawyer?
If you are unhappy with your lawyer in regards to many of the instances listed above, your first port of call should always be to raise your complaint directly with your lawyer.
If you wish to make a complaint about your lawyer, you will need to contact the Legal Services Commission and submit your complaint in writing. The Queensland Law Society details further information on how you can make a complaint
The Legal Services Commission will assess every complaint that is lodged, dismiss baseless complaints, and launch their own investigations where required.
There are some instances where the Legal Services Commission cannot help – such as disputes over legal fees (disputes over costs a legal practitioner has charged is dealt with by filing an application to the court for a costs assessment), allegations of negligence (this is a civil action decided by the courts), and requests for legal advice.
Not Happy with Your Lawyer? We Can Help.
At Pullos Lawyers, we are dedicated to offering only the highest level of services, guidance and legal representation. Our team of professional lawyers have experience and expertise across a range of family law areas, specialising in matters of LGBTIQ Law, De Facto Law & Same Sex Law, and International Family Law. We are also experts in Alternate Dispute Resolution such as Collaborative Law, Mediation and Arbitration. We offer a free initial consultation, so please feel free to get in touch with our team via email, or on (07) 5526 3646 (Gold Coast office) or (07) 3144 1641 (Brisbane Office).
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When people enter into a marriage, most enter into with the intention of being together forever. Inevitably though, “forever” is not always the case, with one in three Australian couples seeking a divorce. In addition, the largest group of those who do indeed divorce are those who’ve been married less than 9 years. We’ve shared some broad legal advice regarding divorce in Australia before. But, what if you’ve only been married a year or two, or even just a few months and you decide you’re not right for each other? There are specific legal requirements you will need to meet if this is the case. We share some things you need to know when you’re seeking a divorce but have been married less than two years.
What Does The Law Say About Applying For Divorce After Less Than 2 Years of Marriage?
The Family Law Act 1975 (Cth) regulates divorces.
Section 44(1B) Family Law Act 1975 (Cth) says that for divorce applications filed within 2 years of the marriage date, there must be a certificate filed alongside it.
This certificate needs to state that parties to the marriage have considered reconciliation via the assistance of a specified person (family counsellor or consultant appointed by the courts), and this certificate needs to be signed by that person, or on behalf of the organisation.
There are some specific circumstances, however, where couples counselling is not required.
When is Two Years Calculated From?
The two years is calculated from the date of the commencement of the marriage, to the date of filing for divorce.
To be able to apply for a divorce, you and your spouse must also have been separated for at least 12 months.
The two-year period can also include your period of separation. For example, if you decide to separate one month into your marriage, you can apply for a divorce 13 months from the date of your marriage.
What Constitutes a Special Circumstance?
There are a number of instances whereby you do not have to meet the requirement of having considered reconciliation or undergone counselling if you’re seeking a divorce and have been married less than two years.
This might be if your partner refuses to go to counselling or does not respond to your requests for counselling, or it might be that there is a history of abuse in the marriage and it would not be safe for you to attend counselling together.
In this instance, you will be required to provide an affidavit presenting evidence as to why you have not attended counselling and any special circumstances of your case. It can sometimes be difficult to get permission from the courts if you’ve been married less than two years and seeking a divorce, so we do always recommend talking to a lawyer prior to applying. Our team at Pullos Lawyers can assist you with preparing and authorising your affidavit, as well as providing you with legal advice specific to your circumstances.
Are You Seeking a Divorce and Have Been Married Less than 2 Years?
If you are considering a divorce, Pullos Lawyers are here to help you navigate through this emotionally difficult and complex time of your life. Our team of family lawyers can help you with filing your divorce application, preparing your affidavit, guiding you through the process, and ultimately, provide you with the advice to simplify the process and minimise stress. We can also assist with a range of matters including De Facto & Same Sex Law, Spousal Maintenance, and International Family Law. Please get in touch via email, or call us in our Gold Coast office on (07) 5526 3646, or our Brisbane office on (07) 3144 1641.
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Here in Queensland, May was Domestic Violence Prevention Month. Right now is more important than ever to raise community awareness around domestic violence, particularly as social distancing rules continue in order to prevent the spread of Covid-19.
We have seen some truly terrifying statistics focusing on the increase of calls, searches and cases for domestic violence. The Federal Government reported an 11 per cent increase (compared to the previous year) in calls to 1800RESPECT, a helpline dedicated to counselling those who have experienced sexual assault and domestic and family violence. Between February and March of 2020, it was also recorded that the MensLine, a counselling service specifically catering to men saw a 34 per cent increase in callers due to family violence concerns. The most concerning statistic from the Government was the 75 per cent increase in Google searches relating to family and domestic violence.
With restrictions in Queensland constantly changing and slowly starting to ease, we feel it is necessary to keep you updated and share with you the latest news. We will also share other sources to rely on during the time, as well as options of what you can do if you experience any form of domestic violence. We urge you: do not suffer in silence – it is important to seek help.
Additional Domestic Violence Measures & Support
It was announced April that the Morrison Government would be rolling out additional measures to ensure families who experience domestic violence know where to go for help during these unprecedented times.
Federal Social Services Minister, Anne Ruston, announced that the Government would commit $150 million to domestic violence support programs who are seeing an increased demand in their services.
The funding will help the following:
• Counselling support for families experiencing domestic violence. This includes men’s behaviour change programs.
• 1800RESPECT, the national domestic, family and sexual violence counselling service.
• MensLine Australia, the national counselling service for men.
• Trafficked People Program to support victims of human trafficking, forced marriage, slavery and slavery-like practices.
• Support programs for women and children experiencing domestic violence to protect themselves to stay in their homes.
In Queensland specifically, the Palaszczuk Government also took urgent action in April to provide $5.5 million to help manage the increase in demand of the state’s domestic violence services.
The funding work as follows:
• $1.5 million to boost capacity of the 24/7 crisis service DVConnect. This also includes WomensLine and MensLine and the overall shift to online support during Covid-19.
• $1.7 million for crisis accommodation needs, including transiting women to alternative accommodation.
• $1.8 million to enhance specialist domestic, family and sexual violence services to meet the demand
• $500,000 to support a new awareness campaign
Queensland Police Support for Urgent and Non-Urgent Matters
We saw an incredible amount of support from the Queensland Police Service (QPS) throughout Domestic Violence Prevention Month. The QPS also provided an extensive amount of support for both urgent and non-urgent matters related to domestic violence,
If you are in immediate danger or currently experiencing a domestic violence act, the QPS are advising you to take yourself out the situation as safely as possible and call 000. For non-urgent matters, the QPS are offering numerous ways to seek their help. You can either call them on 131 444 (24/7), or if not safe to do so, you can now make contact with a police station by submitting this new online form. They have also made a SMS messaging service available deaf, hearing impaired or vulnerable people for non-urgent matters. You can register for this service here.
Other Hotlines and Services
There are a number of services that have now expanded their offerings and availability – during Domestic Violence Prevention Month, but also through the pandemic and beyond.
DV Connect continue to be available 24/7 for support with an added health assessment regarding Covid-19. If you require safe accommodation that is not your home, contact the DV Connect WomensLine on 1800 811 811.
1800RESPECT have put together a list of safety planning tips for those who are unable to relocate from their homes due to self-isolation, or for any other reason.
• Contact 1800RESPECT (phone or web chat) when it is safe to do so in your own house. The team will worth with you on creating a safety plan.
• Identify the safest areas in the house, preferably with less dangerous items and a way to escape.
• Make sure your phone is charged, easily accessible and stored with important numbers. If you can, have a back up phone.
• Call 000 if you are in immediate danger. Teach your children how to call 000 if you are unable to do so.
• Let trusted friends (or neighbours) know of your situation and develop a plan (could be a visual sign, sound etc)
• Keep your car fuelled.
• Keep an escape bag with items you may need to take with you (keys, phone charger, important documents, money etc)
• Download apps like Daisy for information regarding safety planning. You should also consider downloading apps like Re-focus and PENDA for legal and financial information surrounding domestic violence. We share more on Re-focus and Penda here.
Some additional domestic violence resources can be found here.
Are Courts Still Operating?
The Queensland Magistrates Courts are still running as usual, however, the only domestic violence-related work the Courts will undertake include:
• Urgent domestic violence applications for Temporary Orders;
• Urgent child protection applications;
• Domestic violence applications currently before the Court which have not been considered;
You may also be able to seek an Ouster condition, which under Section 63 of the Domestic and Family Violence Protection Act 2012, prohibits the respondent (person who committed the domestic violence act) from:
• Remaining at the premises;
• Entering or attempting to enter the premises;
• Approaching within a stated distance of the premises.
We advise you to seek legal advice regarding Temporary Orders and Ouster Conditions, especially during Covid-19. Get in touch with us at Pullos for more information.
Domestic Violence Prevention Month Events
For Domestic Violence Prevention Month, many events were postponed due to Covid-19, however, the Queensland Government did still hold a few calendar events in May and in June.
To coincide with Domestic Violence Prevention Month, Minister for the Prevention of Domestic and Family Violence Di Farmer alongside key organisations across the state came together on May 6th for a virtual summit to discuss domestic violence during the Covid-19 pandemic. Input from the broader Queensland community around this serious issue was highly encouraged by Ms Farmer, with the introduction of Get Involved Survey focusing on how we can better deal with violent situations when forced to spend more time at home. Results are now being considered, and we hope to share the outcome of the survey in due time.
Get in Touch with Pullos Lawyers
If you require more information surrounding Domestic Violence Prevention Month or you have any concerns about your domestic violence situation, please do not hesitate to contact us for a free 15 minute consultation with one of our solicitors on (07) 5526 3646 for our Brisbane office, or on (07) 5526 3646 our Gold Coast office, or by email at [email protected].
The post May Was Domestic Violence Prevention Month: What Did We Learn? appeared first on Pullos Lawyers Pty Ltd.