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The Child Support Agency (CSA) in Australia has the responsibility to ensure that child support is paid for the benefit of children, and the Federal Circuit Court of Australia and Family Court of Australia also have the power to ensure that child support debts are paid. Methods that can be employed by the Child Support Agency and the Courts include the issuing of a Departure Prohibition Order – which means that the passport held by the party owing the debt can be cancelled with the effect that the person cannot leave Australia or ha...

Most separated parents in Australia are well aware of their obligation to support minor children. This obligation to support minor children exists whether the parents were married or lived together, or not; and whether a parent lives with or spends time with a child – or not. It is only in very rare circumstances that there is a question as to parentage and whether any child support should be payable at all until parentage is confirmed – although those circumstances do arise and the Court has the power to order DNA testing for par...

Upon the end of a marriage or de facto relationship, many family law clients are surprised to learn that it is not presumed that one party will support the other party into the future as part of a final property settlement.   This is due to what is known as the “clean break” principle under Australian law, which means that upon a property settlement being given effect, both parties are entitled to move on with their lives without an obligation to support their ex partner, although there will generally be an ongoing obli...

Fortunately for many separated couples at the end of a marriage or de facto relationship, they are able to negotiate between themselves what their property settlement should be. In those circumstances, often the only assistance the parties will need from a family lawyer is assistance to draft their agreement in a legally binding form and lodging the Agreement in the Court as Court Orders by consent; or otherwise by way of a legally Binding Financial Agreement which is not lodged in the Court. At Sanicki Laywers, our specialist Family ...

Parties can often benefit from attending a mediation in order to settle their property dispute upon the end of a marriage or de facto relationship.  Having an appropriately qualified mediator, plus experienced solicitors and evidence organised and ready in the one room for a day – can certainly assist the parties to reach agreement as quickly and cost effectively as possible. Such mediations can take place without Court proceedings having started, and will always take place as a compulsory step in the Court process once C...