4 Common Questions Divorced Parents Ask About Taking Their Children On Holiday

Boe Lawyers
4 Common Questions Divorced Parents Ask About Taking Their Children On Holiday

Following a divorce, any parent will hope that as the dust settles they will be able to carry on with some normal parenting activities. That applies to both the parent the children usually live with and the parent who has visitation rights. What those parental activities might be is hugely diverse, ranging from playing in the park to taking them on holiday.

Taking one’s children on holiday, even if you are a divorced parent, might not seem like something that would be especially difficult, but unfortunately, there are some circumstances that pitfalls can occur. This is borne out of the fact that many divorced parents do not fully understand family law relating to taking children overseas, or even to another state within Australia.

Complications can exist relating to taking children on holiday which is why the advice of a family lawyer may often be sought. Four of the common questions they are often asked includes those we have outlined below, and as best we can we have answered them.

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Establishing Parentage In Child Support Claims

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Establishing Parentage In Child Support Claims

In circumstances where a parent wishes to claim child support from the child’s other parent, the issue of parentage may arise. This can be a complex legal matter and as such should you either be the parent making the child support claim, or the one the claim for child support is being made against, you should seek the help and advice of a family lawyer.

It has to be said that in the vast majority of cases when a claim for child support is made by one parent against another, there is normally no dispute as to their parentage. Whilst they may not always be happy with the amount that they have been ordered to pay, most at least accept they are responsible for it, given that they know the child is theirs.

However, if there is a dispute, this is normally dealt with by reference to Section 106A or Section 107 of the Child Support Assessment Act of 1989. Specifically, these sections deal with applications made by one parent for the payment of child support and the procedures for the person whom the claim is made against, to dispute it.

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7 Essential Steps You Should Take If You And Your Partner Separate

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7 Essential Steps You Should Take If You And Your Partner Separate

Whenever a couple separates and is heading for divorce either one of them might feel like they are in an emotional whirlpool of stress, anger, and anxiety. They may not be able to think straight so practical matters like hiring divorce lawyers or sitting down to plan out finances may not yet have occurred to them.

Should you ever find yourself in this situation, it is important to know that there is plenty of support across several areas available such as legal, emotional, and finance. In fact, finding support is number one on our list of essential things to do if you separate, so let us look at that list in more detail.

Find Help And Support

As we said, the first thing you need to do is seek out those who can help and support you. This may include your family with regards to emotional support, and most certainly, you will want a divorce lawyer to advise you and help you through the legalities of the divorce.

Sort Out Living Arrangements

In most cases of separation, one of the parties moves out and thus needs to find a place to live, and if that’s you, then obviously this must be a high priority. One thing to consider, especially if the separation is amicable and you have children, is that you can still live in the same house with your ex but be considered separated for the purposes of divorce criteria, provided you sleep in separate bedrooms.

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Five Reasons You Should Consider a Financial Agreement

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Financial Agreement

It’s not uncommon for two people with significantly different amounts of wealth to get married. And likewise, it’s not uncommon for these people to separate and divorce, resulting in a separation of the couple’s assets.

Now, although this might seem like a relatively straightforward and uncomplicated situation, the truth is that it usually isn’t. Dividing your assets can be very hard, especially if you didn’t sort out a binding financial agreement with your family lawyers before you were married.

In short, financial agreements are designed to protect your property and other assets when you get married. That way, if you separate, you won’t lose your previous wealth. Below are five of our top reasons why you should always consider a financial agreement.

  1. Your Assets Will Be Protected

As unpleasant as it might be to think about separation before you even get married, the truth is that you need to. Signing a clear financial agreement well in advance will ensure your assets are fully protected if you do get separated. This reduces the risk of one partner taking a significant portion of the wealth that the other entered the relationship with.

  1. The Separation Process Will Be Easy

Separation is never easy, but having a clear financial agreement in place will help the process along. The chances of requiring a court hearing for asset separation will be much lower, and you will more than likely get your pre-marital wealth back.

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7 Estate Planning Mistakes You Should Avoid

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Estate Planning

Although in the past it may have been, estate planning isn’t just for the super rich anymore. Rather, it’s a very useful tool that should be used by pretty much everyone to make sure that their affairs are in order if they unexpectedly pass away.

However, estate plans can be complicated. A lot of people have trouble creating their first estate plan, making mistakes and doing things the wrong way. With this in mind, I’ve put together a short list of the top seven estate planning mistakes to avoid. They include:

  1. Doing things yourself

Although it can be tempting to save a bit of money by putting your estate plan together by yourself, I’d seriously recommend against doing this. In reality, estate plans are complicated collections of legal documents that should be put together by a professional estate and wills lawyer.

  1. Forgetting to plan for minors

One of the most important components of estate plans deals with the future of minor children and other dependants if both parents were to pass away before they reached adulthood. Unfortunately, a lot of people forget to plan for their children. It’s important to at least name a guardian, among other things.

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What is Spousal Maintenance And Do I Need to Think About It?

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Spousal Maintenance

If you’re going through or thinking about going through a divorce or de facto relationship break up then you need to make sure that you’re aware of spousal maintenance. In some cases, one partner may have to pay spousal maintenance to their ex, even after the separation is finalized.

If you’re not sure what spousal maintenance is and why you need to be aware of it then you should speak to your local family lawyers for more information. This article will give you a brief overview, but shouldn’t be taken as professional information.

What is spousal maintenance?

If a couple’s separation leads to a situation where one one party can’t support themselves financially then the other party may be required to pay some form of spousal maintenance.

Situations like this usually arise when only one partner in the couple worked while they were together – for example, where one partner worked and the other looked after children.

Spousal maintenance comes in two forms: lump sum payments and regular periodic payments. You may be told to pay either, depending on your situation.

It’s also important to note that spousal maintenance and child support are two different things and that both can have to be paid.

When am I entitled to spousal maintenance?

It can be difficult to prove that you should be getting spousal maintenance. Generally, your claims will only be approved if you can genuinely prove that you can’t support yourself with your current income or savings, even though you’re trying.

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4 Important Things To Think About When Making Your First Will

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Making Your First Will

Creating a new will can be difficult, especially if it’s your first. There are a lot of things to think about, and a lot of important legal considerations to take into account.

Ultimately, it’s usually a good idea to speak with a lawyer about your will before signing it, especially if you have a lot of assets or a complicated estate.

However, there are a few things you should keep in mind when you’re writing your first will. Four important things to think about include:

  1. Understand That You Can Write Your Own Will

Although it’s recommended to speak with your lawyers when you’re creating your first will, it’s actually perfectly acceptable to do it yourself. If you do decide to write your own will then you should probably use a will kit, but it’s actually even possible to write one from scratch if you want to.

Once again, if you decide to go down this road, you need to make sure that you include all of the relevant information. Failing to do so could result in your will not being legally binding when you pass away.

  1. Make Sure You Include Enough Information

It’s very important to make sure that you include as much information as you can in your will. Doing this will keep things simple for your family and friends when you pass, because they won’t have to deal with assets not included in your will or brushed over without enough details.

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Parenting and Divorce – 5 Things You Need To Be Aware Of

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Parenting and Divorce

Divorce can be an extremely difficult thing to go through, especially if you have children with the partner that you’re separating from. A decent family lawyer can help you deal with the legal side of your divorce, but it’s important to make sure that you’re familiar with the things that you have to do.

With this in mind, we’ve put together a short list some of the most important things that you need to be aware of if you’re a parent going through a divorce. They include:

  1. Be aware of your kids and what they’re going through

Divorce isn’t only hard for you and your soon to be ex partner. Your children will probably suffer as well. They might be anxious, stressed out and worried about what’s going to happen to them – particularly if they aren’t old enough to really understand what’s happening.

You can make things easy for your kids by thinking of their needs at all times. Try not to argue around them, and if possible, try and come to a mutual agreement with your former partner about things like rules and co-parenting.  

  1. Consider custody agreements

If you and your former partner really don’t get on well, or if you’re separating because of an abusive relationship, you should consider fighting for custody of your children. By doing this you can make sure that they’re going to grow up in a loving home.

If you do decide to go down this path then you should definitely employ the services of a professional family lawyer. Family lawyers will be able to advise you on the best course of action while helping you build your custody case.

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