Latest news with #familylaw
ABC News
09-07-2025
- General
- ABC News
'Birdnesting' alternates parenting at the family home during separation. Does it work?
Parents planning to separate are often concerned about how their children will cope with the change. That is why, increasingly, couples ending their relationship are considering birdnesting, a co-parenting arrangement where children remain in the family home while parents alternate living there. "There is preservation of the family home … rather than the children moving between two households," explains Elisabeth Shaw, CEO of Relationships Australia NSW. "I'm certainly seeing more couples … who do at least raise it as something they could try." Birdnesting, otherwise known as nesting or magpie parenting, may also happen for financial reasons, where a separating couple cannot afford a viable second property, or when they are unsure if the separation will be permanent. But does it work? And what should parents consider before giving it a go? Wanting to reduce disruption for children is the most common reason for birdnesting, according to Gabriella Pomare, a family lawyer and co-parenting coach. "They stay in their home, with their routines, toys, school, and space exactly the same, which promotes feelings of safety and security at a time of great change. "Without the immediate stress of familiarising themselves with two new homes, bedrooms, and having to carry things back and forth, they can take time to adjust and process the separation." Parents may have particular concerns at certain life stages, for example their child completing high school education, says Ms Shaw. But she adds caregivers sometimes underestimate what their children can handle. "Some people do it because they really feel their children can't handle the disruption, but generally they can, if the parents can." For some, the cost of housing may mean birdnesting is their only option, Ms Pomare says. "For some families, it's more affordable in the short term to keep the one home and rotate, rather than trying to fund and set up two complete households right away." If done well, she says birdnesting can set a strong foundation for a respectful long-term co-parenting relationship. A typical nesting arrangement is where the children remain in the family home full-time, and the parents rotate in and out, usually maintaining separate accommodation elsewhere when it's not their time, explains Ms Pomare. In some cases, parents share a single off-site residence (such as a one-bedroom unit) and alternate between the two properties. "[It] can be more cost effective, but requires a high level of cooperation and trust," Ms Pomare says. A less common set-up is where one parent keeps a separate home full-time, and the other parent only returns to the family home during their time with the children. "Some families even try a model where the parents remain in the home together but live in separate areas of the house," Ms Pomare says. Where there is no second dwelling, Ms Shaw says parents may stay with family or friends when it's not their time with the kids. Have you tried a birdnesting arrangement? How did it go? Share with us here. While birdnesting might be a "modern collaborative" approach to separation in families, Ms Pomare says she has "seen it fail more often than work". Such arrangements only work if parents can communicate well, set clear ground rules and boundaries, and have an agreed plan for long-term parenting, she says. "I have never seen and would never — ever — recommend a nesting arrangement long-term. "The couples I have worked with that implement a nesting arrangement short-term following separation, ultimately cease the arrangement because of conflict, confusion, and a blurring of boundaries and inability to move forward." It can break down for several reasons, she says, including jealousy, dating, cleaning and domestic habits, and different parenting styles. "It gets tricky when privacy becomes an issue, or one person feels like the other is still in 'their' space. "Things always change when new partners come into the picture, and if there's no clear end date or plan for what's next, the arrangement can drag on and cause more stress than stability." Ms Shaw says while parents are putting the perceived needs of their children first, adults deserve privacy and their own space too. "If a couple is always packing and moving backwards and forward, that becomes stressful. She says birdnesting may create opportunity for arguing to continue in front of children, which is the opposite of what parents might be trying to achieve: stability and safety. "When couples have separated, they often have been arguing about domestics and fairness and so on — that may not have been the reason they separated — but when you live together you have a lot more reasons to be annoyed with each other day-to-day," Ms Shaw says. "So someone coming back into the home and still not pulling their weight … that can become problematic and lead to more conflict in front of the children." Before agreeing to a nesting arrangement, Ms Shaw recommends couples challenge any assumptions they have about why they are considering it. "'It is true that we need to protect the primary asset in the way we are thinking about?' "The idea that your children won't cope with change, you really need to say 'Is that true? Or is it us?'" She says parents should consider if they are resolved about the separation, and amicable enough, to have a second shared property. "It requires good boundaries, communication and cooperation. "Those are the features often absent at tail end of a relationship. "It's really being able to say 'Are we up for this?' Because the risk is it gives you more fodder for arguments." Clear rules also need to be set. For example, is each parent only allowed in the family home during their time? Are visitors allowed at the "offsite" dwelling? "If you can live by the rules in both homes, that can also build trust and build a more effective separation," Ms Shaw says. Lastly, she recommends an agreement be made about how long they will nest for, and lock in a date for a formal review.
The Australian
09-07-2025
- Business
- The Australian
Cost of living and housing push down Australian divorce rates
Divorces are becoming less common because of the heightened cost of living, an Australian lawyer says, with government data backing up the anecdotal evidence. 'The question we're hearing more and more is: Can either of us afford to live after this?' family law specialist Kylie Burke said. 'In 2025, we're seeing more disputes over school fees, medical costs and even basic shared-care logistics – because everyone is under pressure.' Government data shows divorce rates in 2023 hit their lowest since the mid-70s. The rate of divorce in Australia has decelerated over the past few decades but not as abruptly as the marriage rate. Picture: NewsWire / Brenton Edwards In 1975, no-fault divorce was written into law, removing the need to prove adultery or desertion, meaning divorces could be granted because of irreconcilable differences. Divorce rates fell by almost half over the next decade and have gradually tapered down since, as the overall marriage rate continues to dip at an even quicker rate. In 1976, 6.3 people (aged over 16) per 1000 got divorced versus 13 people per 1000 getting married. In 2023, 2.3 people per 1000 called it quits, while 5.5 per 1000 tied the knot. Burke Mangan Lawyers partner Ms Burke said she was seeing more and more couples stay together because they could not afford to live separately. Australian marriage rates have fallen about one-third since the turn of the century. Picture: NewsWire / Nikki Short 'Dividing assets is just one part of the picture now – it's also about ensuring both parties can afford to live, support the children and plan for their financial future,' she said. 'With rents up 30 per cent in some capital cities and lending conditions tight, many people are being forced to stay under the same roof – even after they've split. 'The old model, where one person keeps the home and the other rents nearby, is increasingly off the table.' Living together after separation was called 'financial flatmates' among lawyers, and 'fraught with emotional and legal risk'. 'It might feel like a short-term fix, but without proper agreements in place, they often lead to major conflict down the track,' she said. Blair Jackson Reporter Blair's journalism career has taken him from Perth, to New Zealand, Queensland and now Melbourne. Blair Jackson
Globe and Mail
03-07-2025
- General
- Globe and Mail
Manhattan Family Law Attorney Richard Roman Shum Clarifies Grandparents' Rights in New York
In a detailed new article, Manhattan family law attorney Richard Roman Shum ( explores the legal avenues available to grandparents seeking visitation or custody of their grandchildren under New York law. The article highlights how the legal system recognizes the vital role grandparents can play in a child's emotional development and stability, particularly when access is restricted or denied by parents. Grandparents facing barriers to maintaining their relationships with grandchildren often turn to a Manhattan family law attorney for legal guidance. According to Richard Roman Shum of the Law Office of Richard Roman Shum, Esq., New York law permits grandparents to petition for visitation or custody under certain conditions. This legal path requires demonstrating that continued contact supports the child's best interests, especially when family circumstances have changed due to death, divorce, or estrangement. A Manhattan family law attorney can help navigate these issues, especially in light of the protections parents are afforded under the U.S. Constitution. The article cites the influence of the Supreme Court case Troxel v. Granville, which affirmed the rights of parents to control their children's upbringing. As a result, New York courts place a high burden of proof on grandparents who seek to override a parent's decision and must show that denying visitation would be detrimental to the child. 'Grandparents often play a meaningful role in a child's life, offering emotional support, family traditions, and a strong sense of identity,' states the article. 'New York law recognizes the potential value of these relationships and offers grandparents the opportunity to petition the court for visitation or custody under certain conditions.' New York's Domestic Relations Law § 72 provides a legal route for grandparents to request visitation. The statute outlines the circumstances under which a grandparent may be eligible, starting with establishing legal standing. If one or both of the child's parents are deceased, divorced, or missing, grandparents may qualify to file a petition more easily. In situations where both parents are alive and oppose visitation, the grandparent must establish 'equitable circumstances' that justify the court's involvement. Courts evaluating these cases weigh the nature and history of the grandparent-grandchild relationship, the reasons for the parents' objection, and whether denying contact would negatively affect the child's well-being. The article explains that grandparents must also demonstrate that the child resides in New York State and that a significant relationship already exists or efforts were made to build one. When visitation is not appropriate or sufficient, grandparents may also seek custody under more stringent legal standards. Richard Roman Shum outlines that to do so, grandparents must show 'extraordinary circumstances,' such as parental unfitness, abandonment, or neglect. Courts require a strong showing that awarding custody to a grandparent is in the child's best interest and necessary for their safety and stability. The article also details the process for filing a visitation petition in Manhattan's Family Court. Grandparents must gather documents supporting the depth of the relationship, serve notice to the child's legal guardians, and prepare for court hearings where the petition's merits are reviewed. The court may appoint a legal representative for the child and consider all evidence to make a decision focused entirely on the child's welfare. To build a compelling case, grandparents are encouraged to document their involvement in the child's life, such as participation in school events, healthcare, and daily routines. The use of mental health evaluations or witness testimony from teachers or coaches can further strengthen the case. Courts may also recommend mediation to resolve disagreements before issuing a ruling. In his explanation, Richard Roman Shum emphasizes that a thoughtful legal approach is key to preserving grandparent-grandchild bonds. While courts begin with a presumption that parents are acting in their child's best interests, they remain open to evaluating evidence that continued contact with a grandparent serves the child's needs. The Law Office of Richard Roman Shum, Esq provides legal support to grandparents navigating these family law challenges. Based in Manhattan, the firm assists clients in presenting thorough legal petitions, negotiating visitation terms, and, when necessary, pursuing custody to protect the child's welfare. Understanding the rights of grandparents in New York involves a careful balance between respecting parental authority and recognizing the emotional support that grandparents can offer. For grandparents seeking legal ways to maintain a meaningful role in their grandchildren's lives, New York law provides a framework to pursue visitation or custody when justified by the circumstances. Those concerned about maintaining contact with a grandchild due to divorce, estrangement, or other family changes can explore available legal options. A properly prepared case supported by credible documentation can make a difference in the outcome of a visitation or custody request. About Law Office of Richard Roman Shum, Esq: The Law Office of Richard Roman Shum, Esq. is a Manhattan-based legal practice focusing on family law matters. Led by attorney Richard Roman Shum, the firm assists clients with matters involving divorce, custody, and visitation. The practice is committed to helping individuals and families navigate legal challenges with a focus on the child's well-being and long-term stability. Embeds: GMB: Email and website Email: richard@ Website:
Daily Mail
03-07-2025
- Business
- Daily Mail
Separation or divorce? The legal risks of staying married to your ex
Many couples prefer to separate but avoid making their split final with a divorce, or at least not right away. But maintaining separated status for a prolonged period, sometimes for years after parting ways, is typically not advisable due to the financial risks, according to lawyers. Cara Nuttall, head of family at Brabners Personal, says that choosing separation over divorce can be an emotional decision, but there can also be financial, religious or cultural reasons. 'I have also seen clients who simply didn't want the admin headache,' she says. 'Though it's important to understand not addressing financial matters at the time can make it far more complicated down the line.' What are your options if you decide to separate but not divorce? Nuttall is keen to stress that there is no 'one size fits all', and that an immediate legal divorce isn't always the best or most appropriate option. And for those who do decide to separate at first, there are several different ways to do this. 'In some cases, former couples may feel an informal separation, where they just live apart and with separate finances, will suffice,' says Nuttall. 'Others choose to amicably follow the details agreed in their pre- or post-nup. 'Some may negotiate and record a more formal 'deed of separation' or a have 'judicial separation' to agree on financial and child arrangements, all without legally ending a marriage.' Zanariah Webster, a senior associate at Stowe Family Law, says: 'If you are separated, a 'separation agreement', whilst not legally binding, can lay out your and your ex's financial obligations and expectations and can minimise - although never fully remove - risk of future claims. 'Whether you decide to separate or divorce, it is important to update your will to reflect your current relationship and intended beneficiaries.' What are the risks of not divorcing your ex? 'Just compiling evidence can become difficult and expensive' The decision to divorce will always be an intensely personal one but simply from a financial standpoint it has several advantages, says barrister Harry Gates of 4PB. 'The first is certainty. If you resolve your finances as you divorce, you can ask the Family Court to approve your deal in a court order, which will be binding on you both for evermore. 'Financial agreements reached between you on separation do not have the same force and can in principle be revisited in future. 'The second is clarity. If you initially separate, but then decide to divorce some years later, there is every possibility of protracted argument about how your finances have changed in the period since and how this should be taken into account. 'Just compiling the evidence in those cases can itself be difficult and expensive. 'Finally, tax. As a general rule, the longer you take to formalise the financial consequences of relationship breakdown, the more likely it is that unwelcome tax issues will arise.' Gates says early legal advice on what best suits your circumstances is a must and likely to save both partners money in the long run. He suggests couples consider getting a shared lawyer, if appropriate. 'Ambiguity always buys a lawyer lunch' 'In my experience, it is always a terrible idea to separate and not divorce, or to divorce later down the line after years of separation,' says Ursula Rice, solicitor-advocate and managing director at Family First Solicitors. 'Separation and divorce is exhausting, so taking a break before formal proceedings begin is understandable, but the longer this goes on for, the more challenges this creates.' Rice reiterates the point above about it becoming harder to untangle matrimonial assets, because people become more established in their lives after a year or so of separation. This can all make a divorce process more expensive later. 'If a couple separates but doesn't divorce for five years, there are five years' worth of pension contributions to consider,' points out Rice. 'Similarly, if one partner has moved out and established their own living arrangements, it's difficult to argue that the matrimonial home needs to be sold with any urgency.' Rice concludes: 'My simple takeaway is - if you are separated, get a divorce and do it sooner rather than later. 'Prolonging a divorce leads to ambiguity. And ambiguity always buys a lawyer lunch.' 'Anything owned during a marriage is classed as marital assets' 'If you choose to remain separated, because you are still legally married, you risk potential claims on your finances in the future, for example if you came into inheritance or won the lottery,' says Zanariah Webster of Stowe Family Law. 'Even separate bank accounts, properties and so on would still potentially be subject to division if you decided to divorce in the future, as anything owned or built during the marriage would be classed as marital assets.' Webster warns that even legally ending your marriage or civil partnership through divorce or dissolution with a 'final order' will not sever your financial ties to your ex. You also need a legally binding 'consent order', setting out the financial arrangements, to quash any future claims in both your life and after your death. Cara Nuttall of Brabners Personal says: 'A common misconception is that certain financial claims and obligations automatically end at separation, when in truth some financial claims from an ex-partner remain enforceable. 'Further, post separation finances are not automatically ring-fenced either, so if you hit good fortune after the separation, it's not a given your ex can't claim against that money, just because you haven't lived together for some time. 'For some people, that risk means divorce and the associated financial order is the only option.' > Why you should get a financial settlement at the same time as a divorce Separation vs divorce: How to make your decision Cara Nuttall of Brabners Personal suggests weighing up the following matters when deciding what is right for you. 1. Emotions: Do you know the marriage is over, or would a trial separation help you make the decision? Even if the marriage is at an end, are you emotionally ready for divorce at this stage? 2. Religious and cultural considerations: For some people, there are important religious or other family complexities that need to be factored in. 3. Tax: It may sound crazy, but there can be significant tax considerations, depending on your assets and your circumstances – for some people, it may make more sense to remain married, for others, delaying a settlement could make it more costly. 4. Costs: Some people avoid a divorce and financial settlement to avoid the cost, not realising that it can become more expensive to unpick it all after time has passed. 5. Trust: Not having a divorce and financial order means a settlement can still be pursued any time in the future – do you trust your partner not to come after you for more, even if they have said they won't.
Globe and Mail
02-07-2025
- Business
- Globe and Mail
Affordable Divorce Services Now Accessible Through DivorceGo's Fixed-Fee Packages
DivorceGo offers transparent, low-cost divorce solutions across Ontario with flat-rate packages starting at $450—ideal for uncontested and joint divorces. DivorceGo, a trusted family law firm in Ontario, is helping couples dissolve their marriages without the financial strain of traditional litigation. With fixed-fee divorce packages starting at just $450, DivorceGo is setting a new standard for affordability, transparency, and convenience in uncontested divorce services. 'Divorce shouldn't be a financial burden,' said Numan Bajwa, Founder and Family Lawyer at DivorceGo. 'Our goal is to make the process as simple and cost-effective as possible for families in Ontario.' DivorceGo's two main packages provide flexibility for varying budgets and legal needs: The $450 Paperwork Package is designed for clients who want help preparing all the required documents but prefer to file on their own. This includes a complete consultation and professionally drafted court forms. The $850 Complete Divorce Package includes end-to-end service—preparing, filing, serving, and managing all court correspondence. Clients can also opt for a 2-payment plan to ease upfront costs. Both options are ideal for uncontested divorce in Ontario, allowing couples to avoid court battles and unnecessary legal fees. In addition to fixed legal fees, clients are responsible for the Ontario court filing fee of $669, which is standard across the province. However, DivorceGo ensures clients are aware of fee waiver options, which can reduce this fee to as low as $10 depending on income and financial hardship. 'We educate our clients about cost-saving options like court fee waivers and joint applications,' said Bajwa. 'It's not just about offering legal services — it's about supporting real people during a difficult time.' Unlike other services that hide fees behind complex billing structures, DivorceGo publishes transparent divorce costs on their website, empowering users to plan ahead without surprises. For contested cases that require litigation, DivorceGo provides additional legal support at an hourly rate of $300. While contested divorces can cost thousands, the firm encourages early resolution through mediation or legal coaching to keep expenses manageable. DivorceGo also emphasizes the advantages of joint divorce applications, which can reduce delays and eliminate the need for process serving. 'If both parties agree, a joint divorce is the smartest and most affordable path,' said Bajwa. With locations in Toronto and service coverage across Ontario — including Barrie, Ottawa, Windsor, and Mississauga — DivorceGo continues to be a leader in family law innovation. About DivorceGo DivorceGo is operated by Bluetown Law, a family law firm based in Toronto, Ontario. Founded by family lawyer Numan Bajwa, DivorceGo focuses on helping clients file uncontested and joint divorces at fixed, affordable rates. Their mission is to simplify the legal process while providing professional support during major life transitions. Media Contact Company Name: Divorce Go Contact Person: Media Relations Email: Send Email Phone: (416) 792-5400 Address: 45 Sheppard Ave E #500 City: Toronto State: Ontario Country: Canada Website:
