Property Settlement in Family Law: How Trusts, Loans and Gifts Are Treated
Protecting Everyone’s Money In a property settlement in family law, money from parents, family loans, gifts, trusts and family businesses can all affect how the property pool is identified and divided after separation. When a couple separates, the Court may need to consider whether money was a genuine loan, a gift, a financial contribution, a […]
Child Recovery Orders Sydney
Children, Pets & Parents Families come in all shapes and sizes. We each have our own story. Children may have very different experiences. What the Family Courts in Australia seek to ensure is that whatever the family structure, children will be safe and can enjoy their right to a secure home as well as […]
Property Settlement After Separation: A Sydney Family Law Guide
Finalising Financial Matters between Separating Couples As a Sydney property settlement lawyer serving families, David H Cohen & Co can help you navigate both pathways. Depending on the circumstances, separating couples can settle their property matters either privately or with Court intervention. Even if Court proceedings are initiated, couples can at any time, withdraw from […]
Should I Talk to Police?
We have had clients ring us in distress. Their teenager or young adult child is at the Police station. The Police want their child to make a statement. What should they do? Should they talk? This is where the RIGHT TO SILENCE comes in. Your children should not make a statement. They should have the […]
Loans, Families and Separation
Gift and Loan So, your ex’s parents helped you buy your first home. Did the family give you the money or did then lend it to you? Or, as we so often see, was it a gift when everything was working well in your relationship but when separation became a reality, did they suddenly […]
Who Gets The House?
It depends… What To Know In Australian divorce and separation there is no automatic right to the family home, even if your name is on the title. The house forms part of the overall property pool. What Determines Who Gets What? the contributions of each party whether there are children what is considered fair and […]
Criminal Convictions and Beyond Reasonable Doubt
We recently won an appeal in the District Court which clearly demonstrates that in the Criminal Jurisdiction an accused cannot be found guilty of a charge unless the Prosecution prove that charge BEYOND REASONABLE DOUBT. Additionally, when giving judgment a judicial officer must give REASONS for why a guilty verdict has been found. […]
Varying Final Parenting Orders
CAN I CHANGE FINAL PARENTING ORDERS? You thought you had solved everything when you agreed to the Final Parenting Orders but now, they are just not working because everyone has moved, or your child has been diagnosed with a serious illness, or one parent has recovered from an addiction. Can you go back to Court […]
Amendments to the Family Law Act in Australia (2024 and 2025): Key Parenting and Property Changes
Amendments to the Family Law Act affecting Parenting Orders The amendments to the Family Law Act in Australia in 2024 and 2025 introduced significant changes to both parenting and property matters. These amendments simplify how the courts assess what is best for children and manage property division for separating couples. The changes have been […]
Equal Shared Parental Responsibility Changes in Australia: What You Need to Know
What are the changes to “Equal Shared Parental Responsibility”? One of the most significant family law changes in Australia has been the removal of the presumption of equal shared parental responsibility. These changes came into effect in May 2024 and continue to shape parenting arrangements across the country. One of the difficulties with the presumption […]