About Frances Rowsell

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So far Frances Rowsell has created 27 blog entries.

Can your ex-de facto inherit under your Will?

Once upon a time you were happily living together with your de facto partner. Roses were bought, dinners were cooked, finances were shared and Wills were signed leaving all your assets to the other partner in the event of what you then thought of as the far away time of your tragic passing. Thoughts of [...]

By | 2018-02-15T18:18:26+00:00 February 15th, 2018|Uncategorized|0 Comments

Obligations and consequences of parenting orders

A separating couple with children will need to work out the parenting arrangements for those children - where the children are to live and who may make decisions about the children. If the couple can agree, their agreement can be formalised as Consent Orders (ie Orders made by the Court by consent). If not, the [...]

By | 2018-02-15T18:19:27+00:00 February 15th, 2018|Uncategorized|0 Comments

The Divorce process explained

The idea of divorce is well known, as is the established principle of no-fault divorce in Australian law, but less is known or understood about the mechanics surrounding what is actually done and the steps involved. In this article, we explain the process in simple terms. Today in Australia a court does not consider why [...]

By | 2018-02-15T18:08:35+00:00 February 15th, 2018|Uncategorized|0 Comments

The Family Court and de facto relationships

Over the last decade an increasing number of Australians are living in de facto relationships, while marriage rates have fallen.  Reflecting this societal change, the law was changed in 2009 (2002 in Western Australia) so that the same law now applies to separating de facto couples as applies to separating married couples.  That is, any [...]

By | 2017-08-23T11:25:36+00:00 August 23rd, 2017|Uncategorized|0 Comments

Why it’s a bad idea to write your own Will

It is relatively easy to find a free Will template on the internet and fairly cheap to buy a Will “kit” from a newsagent or online. There are also websites that have “data collectors” that take your information and create a Will for you seemingly without any legal expertise required. So, is it really a [...]

By | 2017-08-23T11:14:02+00:00 August 23rd, 2017|Uncategorized|0 Comments

Understanding Child Support

Family law principles recognise that both parents of a child should be financially responsible for his or her care, regardless of the parents’ marital status, past or present relationships or involvement in the child’s life. The child support scheme in Australia is regulated through various laws and administered by the Department of Human Services (Child [...]

By | 2017-08-23T11:09:41+00:00 August 23rd, 2017|Uncategorized|0 Comments

The power of the ATO and family law settlements

Many clients come to see a family lawyer wanting to talk about issues related to the ATO, while others haven't turned their minds to their own tax affairs for some time. Generally, we find there is a misunderstanding about the role and power of the ATO in family law property settlements.   Family law property [...]

By | 2017-04-26T11:01:38+00:00 April 26th, 2017|Uncategorized|0 Comments

Making a Will if capacity is in question

It is well known that a Will is a legal document which sets out how a person wants their assets to be distributed once they die. If you are over the age of 18 you can make a Will - provided you have capacity. In general terms a person will have the necessary capacity if [...]

By | 2017-04-26T11:01:45+00:00 April 26th, 2017|Uncategorized|0 Comments

Immunisation and Family Law

Some Australian parents have recently begun to question whether to immunise their children, expressing concerns about possible side-effects risks associated with childhood vaccinations.  But what happens if parents are separated and can’t agree?   Background Childhood vaccines, introduced in 1932, are said to have greatly reduced illness and deaths from diseases such as whooping cough, [...]

By | 2017-04-26T11:01:51+00:00 April 26th, 2017|Uncategorized|0 Comments

Inheritances and family law

Families and money can sometimes be a volatile combination. That is never more so than when divorces and Wills are concerned.   When is an inheritance an asset for family law purposes? The simple answer is “almost always”. But the answer is not always simple.   Why is an inheritance an asset? When a separating [...]

By | 2017-02-24T00:39:07+00:00 February 24th, 2017|Uncategorized|0 Comments
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