About Frances Rowsell

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So far Frances Rowsell has created 27 blog entries.

Foreign Divorces – are they legal in Australia?

In certain circumstances a divorce granted overseas, even of a marriage performed in Australia, can be recognised here. In this article we look at the factors that the Court will take into account before recognising a foreign divorce.   Divorce in Australia Briefly, in order for a married couple to get divorced in Australia they, [...]

By | 2017-02-24T00:21:15+00:00 February 24th, 2017|Uncategorized|0 Comments

Being the executor in a deceased estate

After a person dies someone has to look after the assets of that person and pay the person's debts. Although the person is no longer here, his or her affairs must be finalised. The person to finalise the affairs is appointed by the Will of the deceased. Where a person is appointed by a Will, [...]

By | 2017-02-24T00:07:00+00:00 February 23rd, 2017|Uncategorized|0 Comments

Family law restraining orders – Things you need to know

Many people going through a relationship breakdown want a Court order restraining or stopping their former spouse or partner from doing something.  Those circumstances include: personal protection of that party or the children sole occupation of the former home protection of property. While parties often want a restraining order, such orders are not appropriate [...]

By | 2017-01-16T01:30:07+00:00 October 24th, 2016|Uncategorized|0 Comments

Understanding your Spousal Maintenance obligations

It is not widely known that when we enter into a marriage or a de facto relationship, in certain circumstances, a spouse may be liable to maintain the other in the event that their marriage or de facto relationship breaks down. This responsibility to financially assist the other is set out in the Family Law [...]

By | 2017-01-16T01:06:00+00:00 October 24th, 2016|Uncategorized|0 Comments

Avoid nasty taxation surprises in family law settlements

There are significant differences in the tax consequences of certain family law related actions particularly when negotiating property settlement outcomes - the cutting of the cake! Unique opportunities in the family law environment can enable a couple to lawfully restructure wealth while avoiding, or minimising, the hefty tax and revenue consequences. Conversely, concluding a family [...]

By | 2017-01-16T01:39:15+00:00 October 24th, 2016|Uncategorized|0 Comments

Top 7 Enduring Power of Attorney Questions

An Enduring Power of Attorney is a legal document that gives a trusted person (your Attorney) the power to make financial, medical and personal decisions for you.  It is the only way to control who will make important decisions on your behalf if you are unable to do so yourself. If you do not have [...]

By | 2017-01-16T04:26:55+00:00 July 19th, 2016|Uncategorized|0 Comments

Fact or fiction – top 5 myths about family law property settlements

Most people know someone who has been affected by a family breakup. It is usually a very stressful and emotional time where people are anxious about the divorce, the property settlement and the emotional wellbeing and care arrangements for children. Unfortunately this is reflected in a great quantity of inaccurate statements. Every family law situation [...]

By | 2017-01-16T04:45:22+00:00 July 19th, 2016|Uncategorized|0 Comments

Child Support obligations and responsibilities

Unless you are a Family Lawyer you probably don’t know that child support, child maintenance and spousal maintenance are all completely different types of rights and obligations. They are all governed by different legal principles and practices. In this article we focus on child support. In that regard if someone has the care of a [...]

By | 2017-01-16T04:41:48+00:00 June 19th, 2016|Uncategorized|0 Comments

Making Your Will Count – Healthy Will Checklist

It is important for everyone over the age of 18 to have a Will to ensure their wishes are followed and their assets are distributed as they would want after they die. If you do not have a Will your assets will be divided according to the rules of intestacy, that is, when you have [...]

By | 2017-01-16T04:48:36+00:00 November 17th, 2015|Uncategorized|0 Comments

Can you be separated and live under the same roof?

Before a person can apply for a divorce they have to be able to establish to the Family Court that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the marriage have separated and have lived separately and apart for a continuous period of not [...]

By | 2017-01-16T04:57:09+00:00 November 17th, 2015|Uncategorized|0 Comments
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