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What is a Subpoena?
A ‘subpoena’ is a legal document issued by the Court at the request of a party. A subpoena compels a person to produce documents and/or give evidence at a hearing or trial.
Recently the Brisbane suburb of Logan mourned the death of Father and Nurse/Care Manager Stanley Obi aged 33 who died at the hands of his ex-partner and mother to his children, Sarah Mudge aged 31. Ms. Mudge is reported to have broken into Mr. Obi’s home, doused him and his girlfriend in petrol, and then set the house alight.
Fortunately, the 3 children managed to escape the burning house but sadly both Mr. Obi and Ms. Mudge died due to the significant burns sustained to their bodies.
1. Seek advice from your accountant or financial adviser on the financial consequences arising from a separation. Work out a budget of your essential living expenses, not only for yourself but your children. List all your expenses. Download a financial statement from the Family Court website which will give a good guide to the expenses which you should consider.
2. Do you have enough income to pay for your expenses and those of your children?
3. Some further financial support may be needed.
Binding Financial Agreements in De facto relationships
If you are in a de facto relationship and cohabitating with your partner, entering into Binding Financial Agreements is the only protection you can have ahead of time to safeguard the assets you “walked” into the relationship with.
This is particularly important if there is a large difference between your financial position and your partner’s financial position.
It is common in family law proceedings for Subpoenas to be issued to third parties seeking information that is relevant to the proceedings. Such information is considered to be independent and can be very useful in proving or substantiating a parties claim.
In the case of property settlements, subpoenas may be required to be issued to a bank or accountant for documents relevant to the dispute, perhaps if it is suspected that a party is hiding an asset or not disclosing their true financial position or all financial documents that are required.
How Do Mental Health Conditions Affect Family Law Proceedings?
If you have been diagnosed with a mental health condition, this can impact both child welfare/parenting arrangements addition to property disputes. However, a mental health condition does affect or have relevance to divorce proceedings (family law proceedings) (provided there are no children in the relationship).
Mental Health in Parenting Disputes
Over the past few years, criminal law and family violence have increasingly interconnected with family law and child protection matters.
Binding Financial Agreement to be legally binding
There are certain requirements that must be adhered to for a Binding Financial Agreement to be legally binding. If these requirements are not adhered to, the Agreement may not be upheld in the future if challenged. Here are some things to consider:
Do They Specialise In Family Law?
Some law firms are highly specialised, while others seem to try to cover virtually every possible aspect of the law. When it comes to family law, you want to choose a firm that specifically deals with, and has extensive experience in, family law.
A team dedicated to family law will possess a deep understanding of both the legal processes involved, but just as importantly, they’ll also be more sympathetic and understanding regarding your current situation. You need someone who’ll lend a sympathetic ear as much as you’ll need legal guidance.
Family Law Act amendments from Federal Government
Family Law Act amendmentsThe Family Law Act amendments occurred in 2002 to deal with superannuation. It gave power to the Court to deal with superannuation entitlements.
The amendments allowed the Court to transfer entitlements in the fund of one of the parties to the other. The person receiving the benefit of the entitlement in the other party’s fund would keep that entitlement in the fund or roll the entitlement out into a fund of that party’s choosing.
