The Divorce Collective

 “I WILL SEE YOU IN COURT!”  The repeated threat in Family Law matters – but does it have any legs? As lawyers, we hear it every day, “my ex said that they will take me to court if I don’t agree to …” or “I will see you in court, and I will win.”  They huff, puff, and think that litigation is the answer, or at least they believe that threatening you with it will help them get what they want.  Sadl...

Today on the podcast, Caralee Fontenele answers a list of frequently asked questions she often receives in initial consultations at Collective Family Law.   While you are in a Family Law process, it is common for people to feel intimidated by the jargon and confusing terms, but fear not! We understand that you feel overwhelmed, and this is uncertain and unknown territory for you. At Collective Fam...

On the Divorce Collective podcast, Caralee Fontenele follows on from last week's podcast, ' How Do I Separate Formally .’ This week, Caralee explains how long it can take to go through a separation and finalise a settlement so that you can move on to a brighter future.  The thing about separation is that you are living in limbo between separating from your partner and reaching a settleme...

In Australia, separation is more simple than you may think, and there are no formalities that apply to prove that you are separated. You do not need to apply to a Court or Government organisation nor fill out any forms whatsoever! In fact, you won’t even get a certificate to say you are separated.  So, with that being said, how do you separate? It is simple, one party needs to verbally tell the ot...

Today on the Divorce Collective podcast, we extend on from last week's podcast about whether you needed to attend court or not while in the divorce process.  This week, Caralee answers the question, “Can I still apply for a divorce if I cannot locate my ex-partner?” If this is the case, it does make it a little more difficult; however, fear not! There are ways around this. It is possible to a...

This week on the Divorce Collective Podcast, Caralee answers the frequent question: Do I need to go to court to apply for divorce?  It is important to remember that the divorce itself is administration and does not help you with property division or parenting arrangements. In addition, there are many more essential components to separating amicably and moving forward with your life other than fili...

Welcome to another episode of the Divorce Collective!  Today, Caralee Fontenele dives into why you shouldn’t overlook superannuation in the asset pool when going through your property settlement.  Superannuation is often a significant asset of the property pool for many couples outside the family home, and at times superannuation can be the most significant asset that couples have.  When pirates s...

This week on the Divorce Collective, we have Caralee Fontenele explaining how you can get a Stamp duty exemption when you go through a separation and want to transfer jointly held property into one of the parties names.  When you have real estate that makes up a portion of your property pool and the property is held in both parties names, there are two options when it comes to working out your pro...

Today on the podcast, Director Caralee Fontenele will be speaking about what happens in the event that either parties have lent the couple funds to purchase a property. Do the parents get paid back?  The Australian Financial Review found that “Mum and dad are the ninth-largest lender of loans in Australia!”  The Family Court has a wide range of powers when determining the financial matters between...

This week in our Best Of Series, we have one of our top-rated episodes - 'How To Choose Lawyer?' If you identify that you need a  lawyer , the next question is which one do you choose? This can be daunting because it is likely foreign to be in a position where you need to retain a lawyer. You also have to make crucial decisions on your own, maybe for the first time in a long time. It is...

This week in our 'Best of Series' we are discussing the difference between  Parenting Plans VS Consent Orders.  Life after separation is a difficult time for most people, add the extra worry of having to work out how your children are going to spend time with each parent, and there is no wonder why parents can be left feeling overwhelmed. However, if you and your ex-partner can agree abo...

Over the next few weeks, we will be posting our 'Best Of Series' podcasts! These podcasts have been our most raved and reviewed, therefore we don't want you to miss out on the best tidbits of information from 2021! This week we are going back to our podcast titled, 'How To Get A Divorce' hosted by Dannielle Young.  Separation and getting a divorce isn’t always a pleasant e...

Today on the podcast, Caralee Fontenele guides you through the ten steps to negotiate a property settlement without a lawyer.  Did you know it is possible to settle a family law matter without retaining a solicitor? Whether you want to engage a lawyer or not for your family law matter, it is important to attempt to open up the lines of communication between you and your spouse so that you can star...

Today on the Divorce Collective podcast, Caralee Fontenele answers the question:  If you are going to move in with your partner, should you be getting a prenup? Also, what is a prenup?  To put it simply, if you want to protect your assets in the case that in the future your relationship breaks down - yes, you should consider a prenuptial agreement.  A prenuptial agreement technically is a Binding...

There are many ways to separate, and separation is different for every couple that are parting ways. There is no right or wrong way to separate, and it is important to not compare your situation to others who have been through a divorce. There are four different ways to go through separation to get the best outcome, and essentially - move on with your life!  The sooner you get to final arrangement...

Today on the podcast with have Collective Family Law Group's Dannielle Young joining us to discuss a few tips regarding separation as we approach the holiday period.  Also, did you know there is a cut-off date to file if you need the Court to determine holiday time?  Well, there is so listen in!   Christmas is meant to be a joyous time for families, and especially children yet the sad reality...

Today we are myth-busting: If my partner is paying rent while living at my property, am I protected?  When a new partner moves into your property, there is a common misconception that if your partner signs a document to say they are contributing to the rent or create a DIY agreement, this will protect you and your property in the long term. This statement is false and will not protect you in any f...

This week on the Divorce Collective Podcast, Caralee Fontenele is chatting about what happens when you have an affair and how it affects your family law.   We receive a frequent question in our initial consultations at Collective Family Law, which is:     Does infidelity affect your Property Settlement or Parenting arrangements?   Often in movies or as a general idea, we think that if someone does...

This week we have Senior Associate DannielleYoung running through what Arbitration is. Arbitration isn’t a new term,however, it isn’t as recognized as it should be. This may change having regardto the Federal Circuit and Family Court’s emphasis on dispute resolution thathas come about since the court merger on the 1st of September.   Arbitration is an alternative to litigation forfinancial matters...

Welcome back to another episode of the Divorce Collective Podcast! Today Caralee is joined by Collective Family Law’s Mark Jackway to cover the discussion about whether or not the law favours women. A common thought or myth is that men in Family Law circumstances can end up with unfair outcomes.  The family law process in Australia is set up in a way that attends to both parties. As a result, many...

Welcome back to another episode of the Divorce Collective Podcast! Today Caralee Fontenele discusses whether or not you can file for divorce if the other party does not want to sign the divorce papers or refuses to participate in finalising the divorce.  If your ex refuses to sign the divorce application, you are not alone! It happens often. There can be many reasons why the other party doesn’t wa...

Today, Caralee Fontenele will be diving into the most significant question we get as family lawyers, how much will it cost to separate?  Well, to answer the question, it does depend on the type of separation you have. If it is relatively amicable, and the parties want to move quickly - of course, it will cost less. The best way for it to cost less in legal fees is for your to reach an agreement fo...

Today, Caralee Fontenele will be speaking to us about whether or not you are entitled to any of your ex's assets.  So, are you entitled to any of your ex-partner’s assets? Let's jump into the podcast! If you are married, financially contributed to the relationship, or have lived in a de facto relationship , then the answer is YES; you are entitled to a property settlement.  The Family Co...

Today on the Divorce Collective Podcast, Caralee Fontenele guides us through what spousal maintenance is and who is eligible.   Spousal maintenance is a remedy prescribed in the Family Law Act for a former spouse to seek financial support from their ex-partner after separation. Spousal maintenance can be periodic or lump-sum payments made by one of the parties to the other, either during the separ...

This week on the Divorce Collective Podcast, we have another great episode from Senior Associate Dannielle Young, covering the changes coming to Family Law on 1 September.   The Family Law system is in for an overhaul!  It is happening, and the changes will commence on 1 September 2021.  The “merger marks one of the most significant structural changes to the family law system since its establishme...