Legal articles written by Cavell Leitch lawyers.

Filter by expertise show all

11 Separation Articles

Separation – What happens to the children?

One of the most important issues to resolve when you separate from a partner is how you will each share the care of the children. Many families require assistance to work out a fair and practical child care arrangement that is in the best interests and welfare of the children.

Read Article

Are you the Guardian of your child?

Generally if you are your child's biological parent then you are their guardian - but sometimes there are more complicated circumstances which apply and guardians have to be appointed by the Court.

Read Article

Section 182 - a possible trust busting tool

When going through a separation, trusts have often been viewed as "safe" bets to protect assets from being divided. However section 182 of the Family Proceedings Act gives the court significantly greater power to deal with property owned by a trust.

Read Article

But they gave me their word!

Many couples do not consider what will happen to their assets if they separate, instead relying on their partner to “do the right thing” or “stay true to their word” should they break up. Unfortunately in many cases promises made in in the absence of an official Property Sharing Agreement ...

Read Article

Is a Separation Agreement necessary?

When a couple separate “amicably” they are often reluctant to involve lawyers. They may have already worked out what the division of their assets will be and they wonder why they need to commit anything to paper. There is often the wish to avoid costs at a time of stress ...

Read Article

How separate property can become relationship property

The Property (Relationships) Act 1976 defines relationship property and separate property. Relationship property is the pool of common property and at separation it is to be divided equally (unless there are extraordinary circumstances that would make equal sharing repugnant to justice). This case exemplifies how separate property can become relationship ...

Read Article