MCG LEGAL LAW BLOG
Same-sex couples and Child Support
Same-sex couples, who are recognised as parents under the Family Law Act 1975 can apply for child support, on separation. How do you become recognised as a parent under the Family Law Act 1975? If a child is born to a woman, as a result of an artificial conception...
What do I have to do before I can go to Court to resolve my financial matters?
Separation can be a confusing and stressful time for all parties, especially when people have their finances intermingled. It can be overwhelming to deal with this at separation, but it is imperative that you are careful with these matters. The Family Law Rules 2004...
Understanding Binding Child Support Agreements
Child support is a payment made by one or both parents to the other, or a third party to help with the costs associated with caring for children. Child support is regulated by the Commonwealth of Australia (in particular the Child Support Agency) and occasionally the...
Wills and probate
If you are named as executor in a Will, you are responsible for carrying out the terms of the Will when they die. This may involve applying for a grant of probate, or letters of administration. A grant is the formal process of the Court recognising that the Will is...
Shared Care and COVID-19
In January 2020, COVID-19 started infecting Australians and this virus has the potential to impact on all separated parents who have an arrangement (via Court Order, or otherwise), whereby they share care of their children. The most important principle is that...
When can a child decide which parent to live with?
The law in Australia is that the best interests of the child are the paramount consideration. Children are entitled to enjoy a meaningful relationship with both parents. The law also describes that children need to be protected from being subjected to, or exposed to...
What to expect from your first family law meeting
Meeting with a Solicitor can be overwhelming, but if you have started to think about booking an appointment, it is no doubt, already necessary. At MCG Legal, we understand the emotions associated with the breakdown of a relationship - working out parenting...
What is a Family Report?
In a dispute involving children, a Family Consultant is often appointed. The Family Consultant is appointed by the Court to interview and observe relevant parties; prepare reports about their interviews and observations, and make recommendations about the most...
Family Law Duty of Disclosure
In Family Law matters, there is a positive and ongoing duty of disclosure. The duty requires all parties to Court proceedings to disclose to the Court and each other all relevant information. This includes, but is not limited to, information and documents that the...
I had all the money, do I get to keep it in a divorce or separation?
This is a phrase often heard by Gold Coast family lawyers when considering divorce or separation. In many cases, one party has started the relationship in a significantly stronger financial position than the other party, and therefore it is the expectation of the...
The Corona Virus and parenting arrangements
In January 2020, a virus named COVID-19 started infecting Australians and tourists visiting Australia. The virus has been the cause of many deaths in Australia. As a result, the Australian Government has adopted some reasonably drastic measures in an attempt to save...
The connection between Domestic Violence and asset distribution
The Domestic and Family Violence Protection Act was introduced in 1989 and further strengthened in 2012. The Act now more accurately reflects contemporary understandings of domestic and family violence. Gold Coast family lawyers, practicing in family law are...
Undue Influence
It is important that a Will maker be of sound mind and clear intention when drafting a Will. That is not possible when someone takes advantage of their position of power or trust to exert undue influence over or behave unconscionably toward a Will maker. If undue...
Family Provision Applications
Why would you need a Family Provision Application? If a person dies, with or without a Will and adequate provision is not made for the deceased person’s spouse, child, or dependent, then a Court may make an order for provision that it thinks appropriate under the...
Testmentary Capacity – capability to make a Will
We all work hard throughout our lives to accumulate assets. But what happens to those assets when you die? Everyone should be able to distribute their assets after their death in accordance with their wishes whilst they were still alive. Your executor can only...
The impact of relationships on Wills
Everyone should have a valid and current Will, but what impact does a relationship change have on your Will? For example, if you have drafted a valid Will, whilst you were single and you are now in relationship, but the Will makes no mention of your partner, are they...
MCG Legal is proud to support Daffodil Day
MCG Legal was proud to support Daffodil Day on 23 August 2019. MCG Legal Staff member Bree spent the morning at Bunnings Southport volunteering for the Cancer Council selling fresh bunches of daffodils as well as a range of merchandise including pens, teddy bears and...
Posting of Family Law Material on Social Media
With today’s connected society, the ease of reaching many people in such a short period of time and our changing habits of sharing our lives through social media posts, it is becoming more prevalent for parties to Family Law proceedings to post copies of documents on...
2019 Gold Coast Police Legacy Turf Club Race Day
On Saturday 25 May, the MCG Legal team joined over 700 others for a fantastic day out in The Dome at the 2019 Gold Coast Police Legacy Turf Club Race Day. Guests were entertained by live music throughout the day as well as lunch & drinks and raffle prizes galore....
Australia’s Biggest Morning Tea (ABMT) 2019
The team at MCG Legal raised a cup for cancer today for Australia's Biggest Morning Tea (ABMT). ABMT is a Cancer Council initiative and an opportunity for people to come together, share a cuppa, some delicious food, and help those affected by cancer....
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