Emera Family Law

As part of important reforms related to family violence coming into effect in June 2025, pets will receive greater protection in family law proceedings. For too long, pets have been seen as mere property in family law cases, but these changes recognise the emotional and psychological harm pets can suffer in abusive situations. From June 2025, Courts will consider pets in the context of family violence when determining ownership and safety for the victim survivor. These reforms are a much-needed step towards ensuring that pets are safeguarded and not used as tools of control. If you're dealing with family violence involving pets, don't hesitate to reach out for help. With refuge organisations like "Pets in Crisis" offering support, no one needs to face this alone. https://bit.ly/4a7ZHfq #FamilyViolenceReforms #ProtectPets #LegalReform #FamilyLaw

In Australia, if you’re separating from your partner and working through property settlement, the law treats those in a de facto relationship the same as those who are married. But there is a common question that arises quite frequently: How do I know if I’m in a de facto relationship, and how do I prove it? This blog looks at family law property settlement for those in a de facto relationship. https://bit.ly/48VyvyS #familylaw #propertysettlement #defactopropertysettlement

There’s a common misconception in parenting disputes that once children reach a certain age, they can simply decide which parent they want to live with and how much time they want to spend with the other parent. This is not the case. There is actually no fixed age for a child’s views to be considered. Every child is different, and the weight to be attached to their views will depend on a number of factors, including the child’s maturity, their level of understanding of the situation, whether their view is well-informed and whether they have reached that view on their own. https://bit.ly/3ldRa1b #familylaw #parentingdisputes #viewsofthechild

Not long until the holiday season! The team at Emera Family Law wish you a safe and happy festive season and we hope that you enjoy a well-earned rest with your loved ones. We would also like to thank our clients, friends and colleagues for your continued support throughout 2024. We are so grateful. We will be closing at 5.00 pm on Thursday 19 December and re-opening at 8.30 am on Monday 6 January 2025. Anything urgent during the break can be sent through to info@emerafamilylaw.com.au

The Final Hearing in family law cases is the last step in resolving your matter. 🏛️ While most cases settle earlier, if your case goes to a Final Hearing, it’s where both parties present their evidence and the judge makes a final decision. The process involves testing and cross-examining evidence, often in front of a judge, and is a crucial step in concluding your case. Before reaching a Final Hearing, there may be opportunities to settle your matter during mediation or conciliation conferences. It’s possible to reach an agreement at any stage of the proceedings, but if you don’t, the Final Hearing will determine the outcome. If you disagree with the judge’s decision, you do have the option to appeal. Make sure to fully understand each stage of the process to better navigate your family law journey. https://bit.ly/3OPabGk #FamilyLawyer #FinalHearing #CourtProceedings

If you’re in the middle of or about to enter into parenting proceedings in the Family Court, you’ve likely come across the terms “Child Impact Report” and “Family Report”. In this article, we break down precisely what each of these reports are, when/why you might use them and also a few quick tips on preparing for an assessment with a report writer. https://bit.ly/48FkaX3 #familylawyers #parentingarrangements #childimpactreports #familyreports

In family law, Interim Hearings often follow the First Return Hearing if interim issues can't be resolved by consent between parties. Interim Hearings allow the Court to make temporary decisions on specific disputes, helping manage immediate concerns until final resolutions are reached. For urgent matters, Interim Hearings may be scheduled as the first Court event to address pressing issues promptly. Notably, interim decisions are not final but provide stability during the ongoing proceedings. https://bit.ly/3YYiF3T #familylawyers #divorcelawyers #propertysettlement #parentingarrangements #interimhearings

For most couples who separate, parenting arrangements and property settlement are at the forefront of their mind. But what happens to the family dog, cat or any other pet who was a treasured member of the family unit? https://bit.ly/2UsvKDV #familylaw #petsinfamilylaw #propertysettlement

💼 Property Settlement & Inheritance After Separation 💼 When negotiating property settlement after separation, how an inheritance is treated can vary. Judges in family law matters have wide discretion to decide whether it’s included in the asset pool and, if so, how it should be divided. Factors such as when the inheritance was received and its impact on the overall asset pool can affect the outcome. 🏠💼 If you're dealing with a property settlement and an inheritance is involved, it's essential to get the right legal advice to navigate the uncertainty and protect your interests. https://bit.ly/4eN0J1W #FamilyLaw #PropertySettlement #Inheritance #Separation #LegalAdvice

Family violence in our communities is, sadly, all too abundant. It is insidious and leaves life-lasting scars for the victims, both physically and psychologically. Although not a silver bullet, Intervention Orders due to family violence can go some way to providing protection for those exposed to the violence. This article explores the process of applying for Intervention Orders, and as always, if you need guidance or assistance, our team is here to help. https://bit.ly/3S6jDaS #familylawyers #parentingarrangements #familyviolence