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rebeccaeipper · 4 years

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Are You Considering Family Separation in Australia?

A separation in your family. What does it mean for you?

Have you clearly thought it through?

This could be one of the most traumatic experiences a family will face.

Family Separation can be devastating for everyone involved.

How well you handle a separation will impact on how well you and your family cope now and in the future.

Are the traumas and conflict that you are now facing so great that they cannot be resolved?

Are there drug or alcohol abuse issues? Is there family violence in your relationship or between family members?

There may be issues that cannot be resolved and the only solution is to remove yourself from the impact on, not only your life but the lives of your children, your friends, and associates. There may be no solution to such problems and Family separation from the cause may be the only solution.

WHAT ARE THE ISSUES THAT CAN BE RESOLVED? WOULD A RESOLUTION BE MORE BENEFICIAL IN THE LONG TERM THAN A DISRUPTION TO YOUR FAMILY, CHILDREN, FRIENDS, AND ASSOCIATES?

Who can help to solve if you really want Family Separation?

COUNSELLING

Have you considered counseling either for yourself or jointly with your partner? Counselors can help you work through your problems. You can find qualified counselors in private practice as well as in government and community-based organizations. I have provided details of this in the additional help information section of our A to Z of Family Law.

Counseling works best if you and your partner attend sessions of your own free will. However, if you and your partner go to the Family Court, you may be ordered to attend counseling before a decision is made by the Court.

If counseling does not prevent your relationship from breaking down, it can still help with resolving emotional issues that result from a separation. It is a good idea to shop around to find a counselor with whom you feel comfortable and confident. There are many counseling organizations available to you. A simple internet search will provide links to many counselors and psychologists who engage in family counseling both privately and through various government and non-government organizations.

If Family Separation is inevitable, what are the decisions you may need to make?

It is necessary to give consideration to the financial consequences of remaining in the relationship or separating from the relationship. Seek advice from a financial adviser.

Work out a budget setting out the expenses you will need to cover and that is required for your day-to-day living and other expenses. There are expenses not only for yourself but for your children, their schooling, medical and otherwise.

What are your financial needs?

You will need to consider not only the financial needs for yourself but the financial needs of your partner and children that you may be responsible for in either the short or the long term should you separate and live separately and apart. You will need to give consideration as to how you will provide for those needs.

What arrangements should I make for my children?

Are you to remain in the relationship home with the children and is your partner willing to leave the premises? You must bear in mind that the Court will not force someone to leave their own home unless there are real issues involving the family where children and the parties themselves are being affected by the emotions and the stresses involved in living together.

The Court will only intervene if such emotional stresses reach a peak whereby the parties or the children are suffering from depression and are receiving medical care. The Court will not force someone out of their own home unless it is in the best interests of all concerned that someone should leave.

The Court when giving consideration to this would ascertain who is the best person to leave the home. Who would be least affected by such a move:

If your partner does not move away from the home, are you in a position to move to other premises?

Do you have the financial means to meet the rent obligations of other premises for yourself and your children, if you wish the children to be with you?

Are the premises suitable for the children?

Will the children be affected by the move if they move out of the home with you?

If you cannot resolve these issues in counseling or if counseling is not available to you, seek legal advice and see what your legal position would be in such circumstances.

Is there family violence in your relationship?

Are the stresses in your life caused by family violence, drugs, or alcohol abuse by your partner?

Family violence takes many forms. It is not necessarily verbal or physical violence. Many forms of violence are considered family violence under the legislation:

It could be withholding financial support;

Preventing you from socializing with your friends and associates;

It could involve constant texting or emailing you with issues concerning your family.

There are many forms of family violence, which would form the basis for an application seeking a family violence restraint order against your partner. An application for family violence falls within the state Magistrates Court. If there is a ground for family violence, the Court will consider making orders preventing the person who is responsible for such violence from contacting you and from entering your home. Family violence orders can also include the children whereby contact by a perpetrator of family violence is prevented from seeing the children.

The consequences of seeking a family violence order must be well considered by you before taking that step.

You must also give consideration to what you believe the children’s involvement with the other partner should be and how that can be best achieved.

Consideration must be given to the division of the relationship assets and how they are to be divided to cater for the needs of yourself and your family.

Children’s and property issues will be dealt with in our following seminars.

If you require assistance to deal with any of the emotional, financial, and legal issues arising from a separation, then you must seek professional advice.

Where do we go from here?

Many couples who separate can agree on what they wish to happen in relation to a distribution of their assets and if there are children, the arrangements which they wish to make, and put in place for the children’s future.

When couples are in agreement, the options for formalizing the property settlement and arrangements for the children are:

Consent orders. Agreed Orders that can be made by the Court;

Parenting plan setting out agreed terms of child care;

financial agreement. Again, setting out terms agreed by the parties.

Negotiating an agreement.

Around the kitchen table.

In your negotiations with your partner in regard to property issues and children, it would be beneficial to seek legal advice from a solicitor who specializes in Family Law so that you are empowered and have knowledge of what is achievable in reaching a settlement. Once you are empowered with this knowledge, are you able to sit around the kitchen table and negotiate directly with your partner to resolve such issues?

If you can resolve such matters, then the agreement can be formalized in a manner which I have mentioned. Your legal adviser can assist you in drafting the necessary documents to formalize any agreement reached.

Collaborative practice.

Do you require assistance to negotiate these matters with your partner? If you have a fairly good relationship with your partner, then the most effective means of assisting you in such negotiations is a new form of family law practice, which is Collaborative Practice or Collaborative Law. For Collaborative Practice to be successful, the solicitors engaged must be trained in this form of dispute resolution, a different mindset to the normal practice of Family Law. The collaborative lawyers are trained to work together with both you and your partner to reach an amicable settlement that you can both live with and which best suits your needs.

Collaborative Practice is a popular dispute resolution method developed in the United States in the early 1990s. It gained rapid popularity in the United States, the United Kingdom, Europe, and Canada and is now a practice available to help people in Australia.

Benefits of collaborative practice.

You have the benefit of being advised and supported by a lawyer at all times.

The outcomes are generally faster than traditional negotiation methods and most certainly quicker than Court outcomes.

The outcomes are certain and long-lasting because they are owned by you and your partner, as you assisted in creating the outcomes.

The process promotes cooperation in the future, particularly when long-term investments are involved, and when in most cases you would have a close association in the children’s lives.

Negotiations are reached in a dignified and respectful way.

The outcomes are often tailor-made and more creative providing fairer settlements.

The collaborative practice may be suitable for you and your partner if both of you:

wish to spare your children from the emotional damage that litigation can cause;

accept personal responsibility moving forward to reach an agreement;

believe it is important to create healthier and more holistic solutions for your futures; and

understand and embrace the necessity to make full and frank disclosure about financial issues.

Even when there has been family violence in your relationship, the collaborative practice may still be available. Your collaborative lawyer will assist you to determine whether this practice is available in such circumstances and if it could still be effective. Collaborative Practice allows other collaborative trained professionals such as psychologists and financial advisers (accountants) to be involved in the process. Financial advisers can be engaged where financial assistance is required, not only to assess the assets and their values, especially when there are companies and trusts but also to advise if any of the resolutions reached are a viable resolution financially and if resolutions would be more tax-effective and more suitable.

The collaborative approach would enable you and your partner to resolve issues respectfully so that you can arrive at dignified solutions to your dispute with your partner and maintain a sound relationship with each other in the future, especially if long-term financial interests are involved and also to assist in your future involvement with your children. The practice emphasizes reaching an agreement rather than having to battle it out in Court. You and your partner and your lawyers will work together to share information in a series of meetings. They will be involved in the full process and none of the decisions will take place outside your full knowledge.

Collaborative practice is different from going to Court. It involves meetings between yourself, your partner, and involving your lawyers. Everyone works together towards a common goal resolving the dispute with emphasis on retaining your dignity and best interests.

You will have your collaborative lawyer advising and assisting you throughout your negotiations. The playing field will be more even between you and your partner because you and your partner will have your respective lawyers to support you as well as other professionals if necessary and with your consent.

If an agreement is reached in these collaborative meetings, then the agreement can be formalized in the manner I have described above.

What if a collaborative practice is not suitable for you? Are there other means available?

Mediation

Mediation is another form of alternative dispute negotiation which may be suitable for you. Again, it is a voluntary process. However, the Family Court may order mediation if you do instigate proceedings in the Court.

Normally, in mediation, you are represented by your own lawyers. The difficulty with mediation is that you will have one version of the dispute and your partner may have a different version to your own. The Mediator is only there to assist you in negotiation. The difficulty is in bringing together the two opposing views given to your respective lawyers. The mediator’s role is to assist with communication between yourself and your partner so that you may have open discussions in negotiating a settlement.

The mediator’s aim is to facilitate the open discussions and communications between you and your partner so that you can identify the issues of the dispute, generate options to address such issues, and hopefully to agree upon ways to resolve the issues and to reach a settlement.

The mediator’s role is essentially a neutral one. The mediator will not take sides. The mediator will work with both you and your partner to help you negotiate your own decisions together and will not represent either of you in Court before or after mediation.

Both Collaborative Practice and mediation can be dealt with quickly, and because of this, the costs are limited. If these forms of alternative dispute resolution are not successful or are unavailable or cannot be agreed upon, then the only solution is litigation in the Family Court.

Litigation in the Family Court

Most matters in the Family Court are dealt with in the Federal Circuit Court. This is part of the Family Court in Australia. The more difficult issues are dealt with by judges in the Family Court.

Proceedings in the Family Court should be avoided if at all possible. It is emotionally and financially draining being involved in such a process. It can take years for a matter to resolve in the Courts.

The Court can order reports which would involve the children also being interviewed by a report writer. If all else fails, this is the final process to help you to resolve the issues arising from a separation. If you are embarking on this process, it is very important that you seek legal advice.

Financial support

Financial support until financial issues and children’s issues are resolved. This would occur where a party has not had the financial control of the resources of the relationship, has not been in employment, and who has mainly been involved in the parenting and household roles and may not have the financial means to support himself or herself if a separation should occur.

Spousal maintenance

A party can apply for spousal maintenance in the Court seeking financial support until all issues in the Court have been resolved. A spousal maintenance application can be made in its own right. It is not necessary to seek other financial relief from the other party.

The Courts consider the income levels of both parties and the expenditure of each party for their day-to-day living and other expenses. If a person does not have the income to meet his or her day-to-day living expenses or reasonable expenses, then that party has a need. If the other party has an income greater than his or her day-to-day living expenses or other expenses, then that party has the capacity to assist the other party financially until matters are resolved. In such circumstances, the Court can order the party with the financial capacity to pay spousal maintenance to the other party. Normally spousal maintenance ceases when financial issues have been resolved.

Child maintenance

A party who has the care of the children can apply to the Child Support Agency for child support for the children. An application is made to the Agency and considered by the Registrar of that Agency. The child support payable is based on a formula that depends on the incomes of the parties and the care of the children. The Child Support Agency will determine the amount of child support payable, which is normally then deducted from income earned by the other party in his or her employment. On the website of the Child Support Agency, there is a calculator that sets out the formula and allows a calculation of child support payable.

#Brisbane Family Lawyer #Family Law #Separation #Law

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rawwithlove-storyteller-blog · 5 years

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A Love Story

He took me to an ice cream parlour in London on one of our first dates. As we sat enjoying our desserts, he told an astonishing tale of his past and I absorbed it, having never removed my eyes from his gaze. The ice cream melted as he offloaded, each detail more shocking than the next. To protect his privacy, I won't get into details, but many of my friends would have gotten up and walked away. I didn't; I was intrigued. I wanted to know more.

In the months to come we became good friends. I wanted to be around him all the time. I never knew what he would do or where he would take me. It could be the cinema or an impulsive trip to Paris, either option was offered with the ease of asking “so how do you take your coffee?” He was the quiet man who would sit in the corner of a room whilst simultaneously being in control the show. Our time together was extravagant and reeked of easy money - made so easy, it’s money to be spent.

On a trip to Mauritius, as it came to an end, we sat in a romantic candlelit restaurant looking at our menus. He spoke to me very clearly and calmly. After the trip had ended we were to return to London and he never wanted to see me again. It had been months of him demonstrating his desire to be with me. The trips, gifts, and time spent together were his way of courting me. I had always politely rejected his advances, giving just enough to show interest but concealing my emotions. He wasn't my usual type. His past was dark. His current situation… well, the less I knew the better.

He stood by his word and refused to speak to me. I wrote, called, and all but pleaded, but he ignored my advances. It was only once I lost him that I realized just how extraordinary he was. Having achieved all that he had, despite his past, and being so humble was inspiring to me. I desired him and was willing to do whatever it took to get him back. He, in return, had put his guard up and there was no penetrating it. I wanted to be with him so, when we finally met, before he could utter a single word I kissed him. Our first kiss. He had made his point loud and clear and I would no longer play any games; I was his.

"He had made his point loud and clear and I would no longer play any games; I was his. "

Our relationship finally began.

Soon after we became inseparable. The relationship was adventurous and excessive. He was incredibly generous. We were the underprivileged ones with difficult upbringings - we weren't meant to live the way we did. We felt invincible. I loved him without condition.

I had found the person I could finally open up to about my past. The many events I had chosen to forget, my experiences of love, love lost, pain, and secrets. To this day I don't think there is anyone in the world that knows me as well as he does. To be that open and accepted was something I had never felt before; I was at peace.

We sat in bed one day and I told him a story.

It was the story of the human heart. I believe that when we’re born, our heart is filled with the purity of having never experienced any pain. It’s vibrant and full of joy. As we get older, though, and feel the disappointments of life, our hearts become a bit more wounded. A dent here, a scratch there.

In my youth I experienced enough pain to last a lifetime. My heart took a beating. Like a man returning from battle, I was wounded but functioning. I didn’t have much left that resembled a heart, so it became even more precious.

I held my hand up and showed him my open palm, where an imaginary, fragile heart lay. Then I closed it tightly. Too much had happened to me and I was riddled with fear, as I loved him deeply. If I placed what little I had left in his hands and he were to hurt me, well… I’d have nothing left to give. It could destroy me and it was a risk I wasn’t sure I should take.

He looked me in the eyes, having realized the importance of what I was saying, and opened my closed palm. he took the imaginary heart and held it to his chest. “Leave it with me,” he said, “and I’ll protect it from now on as you heal.” For the first time in my adult life I felt truly loved by a man. My heart strengthened.

We were married in a town hall. It was a small ceremony with only two close friends who also served as witnesses. I wore a dress which I bought off the rack for £15. He looked amazing in his designer suit. As we read our vows, I cried.

Unbeknownst to us, the marriage would be our downfall. The timer had started and it was the beginning of the end.

He came from a religious and strict Muslim family. Their culture was so different to mine and they had expectations of us which I could not meet. I had always been a free butterfly, off on a new adventure and filled with a joie de vivre, free to live my life without structure. Only now, I had the man I loved by my side. He embraced and accepted me even as some members in his family rejected the adventurous western woman. I wasn't going to set a good example for his sisters and community. I wasn't going to convert to Islam.

It didn’t matter much as neither of us were religious. As the years went by, he always stood by my side despite his family’s disapproval. It wasn't that they disliked me as a person, it was that they knew I would never be like them. He had a son from a previous marriage and his son became my son. I loved him as if he were my own.

Life wasn't always perfect, but it was ours. We were each other’s escape and strength. It really felt like it was just us in the world, living in a luxurious bubble.

Then the bubble burst.

A criminal case, which he assumed had been closed years ago, had been reopened. He was being charged and the penalty was up to 12 years in prison.

We were devastated. We imagined our only worry in life was the decision or whether or not to convert religions; now it was whether he would stay or leave.

The day he was taken, we spent the morning in bed lying in each other’s arms. It had been organized that he was to be extradited to another country later that afternoon. He never asked me if I would stay with him and I never declared that I would wait. I would wait, though. His prison sentence became my prison sentence.

It was decided he would serve 18 months, I found out during one of our daily calls. I told him it would be alright and to be strong. I’d take care of the rest. He was always my rock and now it was my turn to be his. I was suffering, but I never let him know. He held my heart and I wanted to be his reason to keep going.

It was also around this time that I began to live two separate lives. I chose not to tell anyone of his prison sentence, instead opting for a fake breakup before miraculously getting back together when he returned. He had left on a long business trip and no-one would see him for 18 months. I was embarrassed by the thought of potential gossip and being judged. I was ashamed that if I told anyone the truth then I’d have to come to terms with the crippling pain of our separation. Family and friends would certainly ask me to leave him; I was young and could start over, they would say. We weren't the perfect couple, after all. There were two close childhood friends which I confided in, as well as my mother. Many of my closest family and friends will be shocked, as they will only find out when they read this.

"Many of my closest family and friends will be shocked, as they will only find out when they read this."

Two lives, one person. Sometimes I was the supportive wife, picking up my stepson from my husband’s ex and having him for our designated weekends. Liaising with the solicitors. Accepting daily calls from prison. Other times I was the grieving ex, not quite ready to date again. When friends pushed for me to move on, I simply said I needed more time. Ensuring I never painted him in a bad light, I was awaiting his return.

We wrote each other 100 love letters during his sentence. It was exciting to get home and receive a beautiful bouquet of roses. Even in prison, he didn't forget an anniversary or Valentine’s day. He was always romantic. He continued to support me and I continued to support him.

Finally, the sentence was over and he returned home. He was a different man from the one I knew, worn down and defeated. He never complained and I never saw him cry. There was no self-pity. He just wanted to get on with his life, so we didn’t speak of it again. We had reconciled and I was happy to have my heart back.

The topic of converting to Islam became more prevalent with his return. He would do anything in the world for me, and I anything for him - except convert my religion. It became a stubborn battle of wills.

We tried our best to not bring it up. Neither of us liked confrontation or arguments. We were a perfect fit otherwise, but there was always the elephant in the room. He had become religious and wanted me to join him on the same path.

I want to be clear that I respect Islam and all religions. I have a Quran. I educated myself on this beautiful religion, which is often misunderstood. It’s based on sound ideals that I admire and aim to follow, but it simply wasn't my path. I tried to be more open to converting, but it didn't come naturally. I asked God for guidance and decided I would continue without a religion, remaining spiritual.

We moved and travelled to other countries. Perhaps a change of continent would change our ideals and help us in our vision of the future; it didn't.

It all came to a head one bright and sunny afternoon as we drove in Cape Town. He was leaving me, having become unable to come to terms with my desire not to convert. I jumped out of the car and walked along the ocean’s boardwalk. I walked until darkness literally overcame me. It was over and I was to return to London without him.

They say time heals everything, but I disagree. As the months went by, I felt progressively worse. I was traumatized. I had given him all I had left of my heart. I had nothing left to give - not even enough left to love myself. This double life had taken its toll on me. I lost his son as well. it was too much to bear.

I left to visit an aunt in Colombia. She lived on a farm out in the countryside with stunning views of the West Andes mountains. It was stripped down to the vital necessities but incredibly charming - no electricity and no need to check my phone. I had escaped as far as I could go.

We sat on rocking chairs facing the mountains and she asked me what was wrong. I told her everything. The ice cream parlour, the trips, the romance, the son, the prison sentence. The double life. The religion and having lost my heart.

I needed to tell someone to extract this pain which was torturing my mind. The words flowed out like a poisonous venom. I cried often and would pause only to find I had even more to eliminate. She sat in silence, rocking in her chair, listening but never making eye contact. At some point I released the last bit of poison and was exhausted. I observed her peacefully rocking away. How could she be so calm? My world had ended. I lost the human that knew me the most. I was shattered and had lost my joie de vivre.

Finally, she broke her silence and asked if I had told her everything. Could it be that I’d missed a detail? No, I pondered, I had told her everything. I offloaded it all. There was nothing left to be said. “Good,” she said, “If there’s nothing left to be said, then it’s a thing of the past. Move on.”

And just like that, I felt a sense of relief flow through my body. I was resurrected. It was over and my life began again.

Much has happened after as I began to rebuild. I travelled solo for 8 months in search of simplicity and peace of mind.

I did see him again. We spoke about what we had gone through. He apologized for if he ever made me feel like I wasn’t good enough. It was not his intention as he loved me entirely. He just knew we had a different future ahead of us. I told him of my travels and living in the jungles - of all the amazing people and experiences I had discovered as I fell in love with myself again. I was healing and had my heart back; a new one I created from within. He was proud of me. I was still the butterfly that never clipped my wings.

We are no longer in contact. Occasionally I have heard of him or seen him in the background of a picture. We don’t share mutual friends. I don’t know what country he lives in.

We used to say that our last thought on our deathbed would be of each other. He was the man that met me as a girl and saw me flourish into a woman. I will forever treasure our time together and, despite the pain, there’s nothing I would change about it.

There is so much I chose not to disclose to protect his identity and story. This story covers 6 years and countless cities around the world.

However, if he were to ever read this, I want him to know this is my last love letter to him. I want him to know I live a life full of love and he will always occupy a space in my growing heart, till our deathbed and beyond.

#love

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lawschoolsinaustralia · 4 years

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Student perspective on the NCA exams

By Paola Beci Gjata

I graduated from law school in October of 2015. I was overjoyed to finally be done and move on to becoming a lawyer now. Wrong. I still had heaps of work to do.

After moving back to Canada, I was already behind on time. I applied to the NCA in November 2015 thinking I would work full time while completing the exams.

Word of advice to myself now would be Apply to the NCA as soon as you possibly can.

Why you ask? Primarily because it takes approximately 3 to 4 months to receive a response on how many exams you need to sit in order to obtain your NCA Certificate.

My last official exams of law schools were in August of 2015; therefore, if I had applied to the NCA upon completion, I would have received a response upon my return to Toronto, and in turn I would have been able to register for the January 2016 session.

After applying in November 2015 for an assessment, I received my response in March 2016, and the earliest I could sit any exams was the August session. You might ask why not sit the next session, which was May, but unfortunately deadlines to enroll into the May session had already passed. I was working full time in the public sector at the time, so I signed up for two exams out of the six I was required to sit. My rationale—which I would advise anyone to follow—was to begin with the two exams which appealed most to me. Constitutional law was one of my highest marks in law school, and criminal defense law was one I always admired. So far so good.

With no advice from anyone, I tried to tackle these exams on my own merit, without a study group, without tutoring, just me, myself, and I. After all, I had just graduated with a Juris Doctor and a master’s degree. Oh, how wrong I was in this line of thought.

I spent the next few months trying to read all the materials listed on the syllabus. Looking back, I would strongly advise anyone to focus on specific areas of importance, and whatever you do, approach all questions using the IRAC method (Issue, Rule, Analysis, and Conclusion). I recall that most of the exams I sat allowed you to bring in materials, so the majority of the time I focused on tabbing my materials meticulously, so that during the sitting, I was able to know exactly where to find the answer(s) to any question.

I will be honest… thinking back on my emotions sitting those first exams, I had nothing but positive ones. I was confident, I had studied strategically, and I was ready to begin (and end) the NCA process ASAP. Anything to feel that “LSO licence” in my hands.

After I wrote in August 2016, I learned that I passed both exams on November 2nd. Great! Pat on my own back—I am so proud of myself, now I can enroll for the next exams in upcoming session as planned. Wrong! The NCA process does not allow for you to sign up for the next session at this time because the cutoff dates have already passed. January was the next session I could sit the next two exams.

The always-ambitious me, since I was successful in the first two, decided to sit three exams in January and write the last one in May. Even though I was working full time, I still managed to study and prepare for three exams, I had been working since I was a teenager while also attending school. Doing a number of things at the same time—and doing them all well—came very easy to me. Then tragedy struck… I was involved in a highly traumatic car accident in early November 2016.

If I were to write about how drastically my life changed from this moment forward, it would probably fill the pages of one of those really big books you see in ancient libraries, the ones that scare you at first sight. My dream of becoming licensed in 2017 slipped away from me as quickly as that airbag blew up.

After years of working with medical professionals, I have come to feel comfortable to share my story, so that it can motivate others. My word of advice here would be yes, have a plan, but also please prepare for anything that might happen which is a complete surprise along your journey—good or bad. Without going into too much detail, the next part of my journey included failing a couple of exams, which steered me off that solid plan I had made in August of 2016.

My advice after this point includes asking for help. I had no other choice but to withdraw from already scheduled exams, due to both physical and non-physical pain. I found support groups via social media platforms to connect with other students who studied abroad, and likeminded individuals who like me, were going through the NCA process. I attended tutoring sessions and asked for accommodation siting those exams, and when I failed, I asked why! I cannot stress enough the importance of this. It helps you understand how you can improve on the next session you sit.

My advice about sitting the NCA exams

Looking back, I wish I had sat all my exams at once. My advice to future NCA students is to take the months following your assessment to study for as many exams as possible and sit them at the earliest session you can. Time is valuable and I wish I had used mine efficiently. Along my journey, tragedy struck, so instead of my NCA process taking less than a year, it took from November 2015 to April 2018 to obtain my NCA Certificate. I often wonder how different the longevity of my career and the opportunities in public sector would have been otherwise.

Speaking of time, my next word of advice is that while you wait to hear on how many NCA exams you need to sit, please also look into the LSO (or your provincial) requirements. Datelines are very important and you can save yourself close to $200 or more in lodging your application. Unfortunately, without having an NCA Certificate, you cannot begin the LSO licensing process, but this does not mean that you cannot prepare. The LSO licensing process includes sitting both barrister and solicitor exams, and completing a period of articling. I feel very confident that I can write a book of advice on this process as well.

To end on a happy note, I am now a lawyer, working in condominium law—a niche area of real estate law. Along this extremely long and intertwined road, I have learned to have faith in my own journey, and my own unique path to practicing law.

I am always happy to answer any questions. Please reach out to me via email [email protected] or via LinkedIn (Paola Beci Gjata).

#nca exams #bond law school #bond university #australian law schools #study law #juris doctor #JD #international law graduates #nca process #studying for nca exams

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whatdoesanattorneydo · 4 years

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Are You Considering Family Separation in Australia?

Family Law

A separation in your family. What does it mean for you?

Have you clearly thought it through?

This could be one of the most traumatic experiences a family will face.

Family Separation can be devastating for everyone involved.

How well you handle a separation will impact on how well you and your family cope now and in the future.

Are the traumas and conflict that you are now facing so great that they cannot be resolved?

Are there drug or alcohol abuse issues? Is there family violence in your relationship or between family members?

WHAT ARE THE ISSUES THAT CAN BE RESOLVED? WOULD A RESOLUTION BE MORE BENEFICIAL IN THE LONG TERM THAN A DISRUPTION TO YOUR FAMILY, CHILDREN, FRIENDS, AND ASSOCIATES?

Who can help to solve if you really want Family Separation?

COUNSELLING

If Family Separation is inevitable, what are the decisions you may need to make?

It is necessary to give consideration to the financial consequences of remaining in the relationship or separating from the relationship. Seek advice from a financial adviser.

What are your financial needs?

What arrangements should I make for my children?

The Court when giving consideration to this would ascertain who is the best person to leave the home. Who would be least affected by such a move:

If your partner does not move away from the home, are you in a position to move to other premises?

Do you have the financial means to meet the rent obligations of other premises for yourself and your children, if you wish the children to be with you?

Are the premises suitable for the children?

Will the children be affected by the move if they move out of the home with you?

If you cannot resolve these issues in counseling or if counseling is not available to you, seek legal advice and see what your legal position would be in such circumstances.

Is there family violence in your relationship?

Are the stresses in your life caused by family violence, drugs, or alcohol abuse by your partner?

Family violence takes many forms. It is not necessarily verbal or physical violence. Many forms of violence are considered family violence under the legislation:

It could be withholding financial support;

Preventing you from socializing with your friends and associates;

It could involve constant texting or emailing you with issues concerning your family.

The consequences of seeking a family violence order must be well considered by you before taking that step.

You must also give consideration to what you believe the children’s involvement with the other partner should be and how that can be best achieved.

Consideration must be given to the division of the relationship assets and how they are to be divided to cater for the needs of yourself and your family.

Children’s and property issues will be dealt with in our following seminars.

If you require assistance to deal with any of the emotional, financial, and legal issues arising from a separation, then you must seek professional advice.

Where do we go from here?

When couples are in agreement, the options for formalizing the property settlement and arrangements for the children are:

Consent orders. Agreed Orders that can be made by the Court;

Parenting plan setting out agreed terms of child care;

financial agreement. Again, setting out terms agreed by the parties.

Negotiating an agreement.

Around the kitchen table.

In your negotiations with your partner in regard to Property issues and children, it would be beneficial to seek legal advice from a solicitor who specializes in Family Law so that you are empowered and have knowledge of what is achievable in reaching a settlement. Once you are empowered with this knowledge, are you able to sit around the kitchen table and negotiate directly with your partner to resolve such issues?