articles
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Mutual wills – Testamentary intentions that can haunt from beyond the grave or during one’s lifetime
Mutual Wills involve two parties entering into an agreement/contract to make reciprocal wills to leave assets firstly, to their surviving spouse/partner with a condition that the assets are secondly, distributed in a certain way after the survivor’s death. This...
Shielding Innocence: How to Protect Children’s Privacy in Family Law Battles
In today's digital age, social media has become integral to people’s daily lives. Everything can be posted online with minimum restrictions, from meals to travel experiences and personal milestones to intimate moments. While this openness allows for increased...
Parental Contributions in Property Purchases
The growing reliance on the "Bank of Mum and Dad" to help children enter the property market is becoming more common due to high property prices. The term refers to financial support provided by parents or grandparents to younger family members, usually to help with...
The Role of a Conveyancing Professional at Each Stage of the Conveyancing Process
Buying a dream home is an exciting and significant decision to make. At the same time, it is an overwhelming experience as new home buyers must complete various documents that may be unfamiliar to them. In fact, either a solicitor or a licensed conveyancer can assist...
How to get a divorce
Australia has a no-fault system regarding divorce, meaning that there are no reasons required to be argued to obtain a divorce. Likewise, adultery/infidelity unlike other countries around the world may not affect the property division of matrimonial assets in...
The Influence of Foreign Family Court Orders in Australian Jurisdictions
What are Court Orders? Court orders are legally binding directives issued by a court. These orders must be complied with by the parties involved. The failure to comply can result in disciplinary action, including penalties or sanctions. In the context of Family Law,...
Are Prenuptial Agreements Binding in Australia?
In Australia, a prenuptial agreement, is one type of a "Binding Financial Agreement" (BFA), pursuant to section 90B of the Family Law Act 1975. These agreements enable couples to protect specific assets brought into the relationship, ensuring they retain control of...
Superannuation- how to get early release of funds with focus on family law property settlement
Superannuation Simply defined, superannuation is an enforced form of saving, so that the working members of the community can financially save funds to support themselves when they grow older. Types of superannuation Defined benefit interest: Within a defined benefit...
Understanding the Family Law Amendment Bill 2023
Family Law is a cornerstone of society, shaping the way we navigate relationships, separation and time spent, for parenting matters. In 2023, significant attention has been drawn to the proposed amendments in the Family Law Amendment Bill 2023 (the Bill). These...
Importance of Creating a Legally Valid Will
Your Will is an important legal document containing your wishes for when you pass away. Having a will ensures your wishes will be carried out and your loved ones are provided for. In some jurisdictions, a legally accepted Will requires a lawyer’s engagement because of...
A Step-by-Step Guide to Purchasing Property in Australia
Introduction Buying property in Australia is a significant investment and an exciting journey. Whether you are a first-time buyer or an experienced investor, understanding the process is key to a smooth transaction. This guide outlines the steps involved in purchasing...
Alienation – A form of emotional abuse
Alienation in terms of family law involves a parent whereby they speak to their children in a manner that alienates another parent. This alienation involves pushing the child or children to reject or hold off from contacting or developing bonds with the alienated...
Is a person in a de facto relationship entitled to the same rights as a married person under the Family Law Act (FLA)?
Understanding De Facto Relationships There is a growing body of case law that applies the definition of a de facto relationship. Questions about the existence of a de facto relationship and when it began are crucial issues in many cases. This is because parties may...
Parenting Order: Can I take my Children Overseas?
Relevant Provisions in the Family Law Act If you have parenting orders and want to travel overseas with your children, you should confirm a few things before making any plans, otherwise you may be subject to criminal charges. Section 65Y of the Family Law Act 1975...
Alternative Dispute Resolution in Family Law
Court proceedings aren't the sole avenue for resolving family law disputes. Several alternative methods can be more cost-effective, efficient, and swifter. Furthermore, adhering to pre-action procedures as set out by Rule 4.01 and Schedule 1 of the Federal Circuit and...
Does the court consider children’s views when making parenting orders?
Separation is a difficult time for everyone involved. The breakdown of a family creates much stress and anxiety for all parties involved, especially the children. Whilst parents try and protect their children from unpleasant behaviour during divorce proceedings, it is...
Family provisions and the discretionary approach of the Court
Family provisions arise from claims against a deceased persons estate. The Supreme Court makes orders as to whether the family provision will occur and may then alter any existing will and/or succession inheritance. These reasonings and decisions are highly...
How to Finalise Your Property Settlement When Ending a Relationship
A property settlement is a financial agreement between you and your former spouse/partner, concerning the division of assets held by one or both parties in the marriage. You don't need to wait for your divorce to be finalised before commencing the property settlement...
The Timeless Bond: Understanding Adoption
Adoption is a momentous legal process that brings together loving families and children in need of nurturing homes. It represents a heartwarming journey that transforms the lives of both children and prospective parents, creating lifelong bonds of love and care. This...
Effect of Marriage or Divorce on a Will
A change in circumstances with respect to your relationship can mean a need to change or update your Will. Most people are unaware that these changes in your relationship may impact the validity of your Will. This article will explore the effects of marriage and...
Rice & Asplund and its effect on the variation of final and interim orders
A common question asked by clients is whether they can bring their parenting Orders back to court if such Orders are not practically working or if either party is not satisfied with them.
Mental Health and Parenting
Mental illness is a psychological disorder that may affect the way people feel, behave and manage daily activities. It impacts on not only one’s life but also their children.
AVO and domestic violence
In NSW, there are two types of Apprehended Violence Order, Apprehended Domestic Violence Order (ADVO) and Apprehended Personal Violence Order (APVO).
Does family violence impact on the Court’s decisions in family law matters?
It is likely that the Court would consider whether domestic violence is involved between the parties before the Court makes a decision.
Does the Family Court take electronic evidence into account when applying rules of evidence
In general the laws of evidence ensure that courts rely on evidence that is relevant and probative.
Stay Connected and Make Long-distance Family Relationship Work
Shortening distance plays an essential role in maintaining family relationships. It could be a bittersweet situation when the family members have to live far away from one another.
Child Support Departures- The grounds and Case Law Supporting those Grounds
Several factors are considered for a Child Support Departure (including the income of each parent, the amount of time that each parent spends with the child, the children’s expenses etc) and there are two ways of achieving such departure.
Binding financial agreement before marriage/de facto relationship
Some people also call a binding financial agreement before marriage a “pre-nuptial agreement” or a more commonly used short name “pre-nups”.
How to determine the existence of a de facto relationship
In Jonah & White [2011] FamCA 221, “Coupledom” is described as involving “the merger of two lives” that is the core of a de facto relationship and that it is “the nature of the union – the merger of two individual lives into life as a couple – that lies at the...
What is an Independent Children’s Lawyer and what is their role in the Federal Circuit and Family Court of Australia (‘the Court’)?
The Family Law Act 1975 (Cth) (‘the Act’) makes clear that the paramount consideration when making parenting orders is the ‘best interests of the child’.
The Importance of Duty of Disclosure in Family Law
Before one can finalise a property settlement between a separated couple, regardless of whether they were married, the Australian Family Law requires each party to be transparent as to their financial situation and imposes a duty of “full and frank disclosure”. What...
Commercial Surrogacy versus Altruistic Surrogacy: What are your options in New South Wales?
What is Surrogacy? Surrogacy comes within the scope of assisted reproductive technology because it allows a woman to carry the child of another couple or ‘intended parents’. These intended parents are the ones who pass on their genetic material. Either one or both of...
Equal Shared Parental Responsibility vs Sole Parental Responsibility
Parental Responsibility Section 60CC of the Family Law Act 1975 provides that children are entitled to have a meaningful relationship with both parents even they are separated and/or divorced. This means the children can spend time and communicate with their parents...
Legal principles relevant to consent for treatment of gender dysphoria in children
The treatment of gender dysphoria is of growing importance. The court has the jurisdiction and power to determine a controversy between the parties about consent for gender dysphoria treatment by making an order as to “Gillick competence” under welfare jurisdiction, a...
The recognition of same-sex couples as being in de-facto relationships
De-facto relationships are specific relationships defined within section 4AA of the Family Law Act 1975 (Cth) (‘the Act’). If you are recognised as being in a de-facto relationship under this provision it provides you with certain legal protections. If you have chosen...
Does the Family Court have the power to make Orders for a child to be vaccinated against Covid 19?
Family lawyers are seeing a significant increase in parenting disputes involving the vaccination of children where one parent wishes for their child to be immunised, but the other does not. Where agreement between parents about vaccinating their children fails, those...
How does the Family Court deal with Family/Discretionary Trusts?
Family trusts are a commonly used structure in Australia for tax benefits and/or for asset protection purposes. They may be used as a tool for protecting assets from creditors in the event of bankruptcy; protecting vulnerable family members (such as a child with...
How to locate and recover a child through the Family Court?
In circumstances where a parent unilaterally removes or withholds a child from the other parent or even relocate interstate or overseas without seeking the other parent’s consent, the affected parent or another interested party can make an urgent application to the...
What is a Kennon argument? How does the Court consider the impact of family violence on property matters?
In 1997, the Full Court of the Family Court in the decision of Kennon & Kennon (1997) FLC92-757 (‘Kennon’) determined that family violence may be taken into account when assessing a victim’s contributions to a marriage. Family violence and property settlements...
Managing a Separation Under the Same Roof
Separating from your partner while still living in the same house (known as separation under the same roof) can happen for various reasons.
Enforcing Family Court Property Orders
The Federal Circuit and Family Court of Australia provide the rules and procedures relating to the enforcement of property Orders of the Court.
Understanding Spousal Maintenance/De Facto Maintenance
Sometimes when a relationship breaks down, one party has a legal obligation to support the other financially.
Why is my Binding Financial Agreement not binding?
BFAs are often made prior to entering into a de facto relationship or marriage and these types of BFAs are commonly called “prenuptial agreements” or “prenups”.