LAW TALK
We believe in making law simple and accessible and want to share clear, practical information across the legal issues that matter most.
Law Talk is where we share insights, updates, and practical tips across all areas of law we practise. Whether you’re navigating a family matter, planning your estate, or looking for guidance on property or commercial issues, our blog is here to keep you informed – without the legal jargon.
How do I obtain a Passport for my Child after Separation?
I’m Separated… Do I need to ask for Consent to travel overseas with my Child? And how do I obtain a Passport? Many parents wish to travel with their child (or children). Travel is one of life’s greatest...
Changing Your Child’s Surname After Separation: What You Need to Know
We frequently see situations where two parents end their relationship, and the parent who has reverted to their maiden name, or never actually took their partner’s surname to begin with, wants to know whether they can...
Understanding how Capital Gains Tax applies to Inherited Jewellery
When inheriting jewellery, you might be surprised to learn it can be subject to Capital Gains Tax (CGT), just like other valuable items such as artwork, coins, and antiques. Here’s how CGT can apply to inherited...
Domestic Abuse and Coercive Control: an alert for Solicitors, Guardians and Carers
The law in NSW has evolved to improve a person’s autonomy and defend their decision-making rights. As a cognitive responsive law firm, Southern Waters Legal is at the forefront of responding to these changes,...
How do I protect a gift or early inheritance I give to my children?
Early inheritances and gifts towards adult children are increasingly common as the generational wealth gap widens over time. Can such inheritances and gifts be protected in the event of a separation? We are often...
Who keeps the pet after a breakup?
Historically, furry friends were given little consideration with respect to formalising a settlement following the separation of a couple. They were generally classified as property and if they were included in a...
Is My Ex A Narcissist?
As family lawyers, we are often told by our new incoming clients that their ex-partner is a “true narcissist” or that their psychologist has warned them that the examples they have been provided as to their...
Navigating the Complexities of Child Support and Tax Compliance: What You Need to Know
The child support system in Australia plays a crucial role in ensuring that financial responsibilities are met between separated parents. However, recent revelations highlight significant issues within this system,...
Navigating the Mediation Process Part 2: What to Expect in a Mediation
Once you attend mediation, the mediator helps the parties to identify the key issues that need resolution. In parenting matters, this may include living arrangements, schooling, and visitation schedules. In property...
Navigating Privacy & Safety: How to Navigate Shared Digital Devices
Going through a separation or leaving a partner can be a challenging and emotionally taxing time. And in today's digital age, ensuring your privacy and safety on your Apple devices is paramount. If you're finding...
New Changes to Family Law and What They Mean to You
As we approach the 6th of May 2024, it’s important to be aware of the significant changes to the Family Law Act that will soon come into effect. These amendments have been introduced to prioritise the wellbeing of...
Why Prioritising Self-care through Separation and Divorce is Important
The end of a marriage or relationship can be emotionally exhausting, leaving you feeling vulnerable and unsure about the future. Often amid all the stress and worry, many forget to take the time to look after their...
Understanding Estate Challenges
If a person has recently passed away and they left a Will, their estate could be faced with a claim against the Will. There are two main types of claims against a Will: Challenging the validity or making of the Will;...
Why We Love Law
Working as a lawyer takes several years of study, commitment, and a strong moral compass to navigate the ethical complexities of finding legal solutions. The prevailing reason most lawyers in our team decided to study...
What Options Do I Have To Determine My Pets Future Post Separation? – Part 2
We recently posted a blog titled ‘Who Gets the Dog?’. We have received many questions about pets and how they can be dealt with. As such, we have created this blog to consider what options you have to determine your...
Who Gets The Dog? – Part 1
Who Gets the Dog? Have you ever wondered what would happen to your pet in the event that you and your partner separate? Have you gone as far as actually discussing who your pets would live with, and would it be a...
Frequent Flyer Points and Divorce: Who Gets What?
When people think of addressing a property settlement in light of their separation, they often think of addressing items such as the family home, cars, bank accounts and the like. However, a less commonly considered...
Navigating Divorce: Five Handy Tips to co-parenting post-separation
It’s possibly one of the most difficult aspects of a separation: co-parenting with your not-so-significant other. As a divorced mother of four-year-old twins, I am no stranger to co-parenting (or attempts at it). Here...
Choosing A Family Lawyer
Choosing a Family Lawyer is a crucial decision, here are 5 things to consider: 1. Expertise Ensure your lawyer specialises in Family Law. They should be familiar with the complexities and nuances of this field. Seeking...
Capital Gains Tax and Family Law
When some couples separate and enter into a final property settlement, they may have to consider any potential Capital Gains Tax (CGT) implications. It is really important to ensure that when negotiating and...