About Frances Rowsell

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So far Frances Rowsell has created 30 blog entries.

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

Superannuation splitting laws – things you need to know

When a marriage or de facto relationship breaks down property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between parties when a relationship breaks down. Although it should be noted that de facto couples in Western Australia are not subject to [...]

By | 2017-01-16T05:01:32+00:00 November 17th, 2015|Uncategorized|0 Comments

The perils of representing yourself in the Family Court

The Family Court of Australia was one of the first courts to recognise self-represented litigants as a permanent and significant client group. Research indicates that 20 to 30 per cent of Family Court cases involve a party who is self-represented at some point. It is important to weigh up the benefits of using a lawyer [...]

By | 2017-01-16T05:06:00+00:00 September 15th, 2015|Uncategorized|0 Comments

Six things to know about Binding Financial Agreements

There are many names for Binding Financial Agreements or BFA’s, including; Pre-nuptial Agreements (commonly known as pre-nups), Post-nuptial Agreements (post-nups); and Cohabitation Agreements. They are known by the courts as Binding Financial Agreements (BFA). There have even been movies about them and their enforceability and plenty of sensational newspaper stories but this article sets out [...]

By | 2017-01-17T03:17:42+00:00 September 15th, 2015|Uncategorized|0 Comments

What to do after a family separation and pending divorce

What is meant by separation? Separation in Family Law is defined as the bringing to an end of a marriage or de facto relationship (which also includes same sex couples). There is no need or ability to register a separation under Australian Family Law. Separation is a fact which must be proven if it is [...]

By | 2017-01-17T03:11:58+00:00 September 15th, 2015|Uncategorized|0 Comments

Children’s care arrangements following separation

Following a separation parents do not have to go to court about the care arrangements for their children. As a matter of principle we encourage our clients to reach an agreement if possible without the need to resort to the Family Law courts. One advantage in reaching an agreement is that the legal fees will be [...]

By | 2017-01-17T04:00:54+00:00 August 11th, 2015|Uncategorized|0 Comments

Family Law Property Settlements

Is a 50/50 split the starting point? Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements in a property settlement and the assets they are likely to retain. This is only natural given that family law is a complicated [...]

By | 2017-01-17T03:59:21+00:00 August 11th, 2015|Uncategorized|0 Comments

Saving your rights to see your grandchildren

If you are a grandparent and face the sad circumstance of a break up in your family group, through separation or unforeseen events, you may be worried about your right to continue seeing much-loved grandchildren. Unfortunately, some grandparents only see their grandchildren at crowded school events or from the sideline at sporting occasions. In Australia, [...]

By | 2017-01-17T03:28:01+00:00 August 11th, 2015|Uncategorized|0 Comments
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