Family Lawyer
Melbourne

Binding Financial Agreements (‘BFAs’), also known as pre-nuptial agreements, allow couples to protect their individual assets and debt liability, and opt out of having their property settled by court orders, should their marriage, or de facto relationship, end. However, the case of Hoult & Hoult (2013), confirmed that unlike other Family Law remedies, such as … Continued

Family report writers are independent third parties who provide expert evidence to the court. Their knowledge, experience and skill in assessing family environments and preparing reports are extremely valuable to the Court’s decision making. However, as in all professions, some experts act unethically and breach their professional obligations. As a result, the integrity of their … Continued

COVID-19 travel restrictions and social distancing orders have affected families across Australia. Particularly, for families with court-issued parenting orders requiring travel, it may not be reasonably practicable to follow these orders during this time. However, unless the contravention of an order falls under the ‘reasonable excuse’ definition in section 70NAE Family Law Act 1975, serious … Continued

Many family law litigants find themselves unhappy with Orders made by the Court.  Such unhappiness may arise at the interim stage of proceedings, or at the conclusion of a final hearing after a trial. It is important to understand that Registrars and Judges in the Family Law system in Australia are specialists in their field, … Continued

Unfortunately, from time to time a party to property Court Orders will be in default of their obligations under Court Orders or a Binding Financial Agreement (BFA). This situation can arise whether the property Orders were made by Consent or by Order of a Judge upon conclusion of a trial. (Binding Financial Agreements are always … Continued

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 … Continued

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 … Continued

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 … Continued

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 … Continued

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 … Continued

Upon the end of a marriage or de facto relationship, it is often necessary for the former couple to pay their debts and divide their remaining assets.  Often this is something that solicitors can assist with because the parties themselves do not know their legal obligations or entitlements. Generally, parties benefit from being able to … Continued

Many parties entering into a marriage or de facto relationship are worried about what will happen to their assets and liabilities if the marriage or de facto relationship ends.  In particular, a person about to get married or commence living with a partner may be concerned that they will lose assets to their partner in … Continued

At Sanicki Lawyers, we are pleased to offer family law pre-nuptial agreement and property settlement services to our valued clients. We know that family law property matters can be stressful. People often don’t know how to protect themselves, what their rights are, and how to make sure that children and spouses are properly provided for. … Continued

Most separated parents in Australia are well aware of their obligation to support minor children. This obligation exists whether the parents were married or lived together, 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 – although … Continued

Many family law litigants find themselves unhappy with Orders made by the Court.  Such unhappiness may arise at the interim stage of proceedings, or at the conclusion of a final hearing after a trial. It is important to understand that Registrars and Judges in the Family Law system in Australia are specialists in their field, … Continued

It can be extremely frustrating for parents when parenting Court Orders have been made, but are not being complied with by the other party.  Often this will result in a party not seeing their children, or spending reduced time with their children. The Court takes very seriously breaches of Court Orders by a parent without … Continued

It is inevitable that some parents will not be able to resolve their parenting disputes by consent, and instead Court proceedings will be necessary. Circumstances where a Court application may be necessary include: Allegations of risk or harm to a child or parent posed by the other parent – such as risks of family violence, … Continued

International travel is commonplace for children of separated families – whether the travel be for holidays, education or to visit family overseas. However with such travel comes the risk to some parents and children, that a child may wrongfully be taken outside of Australia, or a parent (or other care giver) may wrongfully refuse to … Continued

It is often considered a great privilege when parents can provide for their children the ability to travel internationally. This may be for the purpose of holidays, education, or to visit family overseas – amongst other things.  However unfortunately, the ability to travel overseas also sometimes will bring with it the risk that a parent … Continued

A matter of great stress and worry for separated parents is when children are not returned to them at a time expected after a visit with the other parent, or when a child is taken from their care by the other parent without any consent given whatsoever. In these most urgent and serious cases, a … Continued

Fortunately, many separated parents can come to an agreement regarding what arrangements should be put in place for the care of their children once they have separated, or even if they’ve never lived together.  Therefore, at Sanicki Lawyers, our Family Law Team is often asked to do the work of drafting a written Parenting Plan … Continued

Once Final Orders are made in the Court regarding parenting matters, the Orders are presumed to remain in place until the children involved are eighteen years old.   However, of course, the needs of children change over time, as do the needs and circumstances of parents and other family members. As such, there will be times … Continued

Under the law in Australia, it is generally required that parents with a dispute regarding the care of a child are required to attend a Family Dispute Resolution Conference (FDRC) in order to attempt to resolve their dispute before they are permitted to commence Court proceedings. There are always exceptions of course, so the Court … Continued

It is often the case that despite separation, parents can come to an agreement regarding the future care of their children without need for a Judge to determine their case.  This is something that is supported by the Family Law system in Australia, and an approach that is supported fully by the family law team … Continued

At Sanicki Lawyers, we know that separation can be an extremely difficult time. That’s why our Family Law Team works hard to provide all our family law clients with expert family law advice, in language our clients can understand, and at a competitive price. Our expert family lawyers, headed by Stephanie Hope, are here to … Continued

As was set down in the case of Rice & Asplund (1979), if a parent wishes to vary final parenting Orders and the other parent does not agree, the parent wanting to change the Orders may bring an application to the Court.  The court will then give the parent leave to continue the application through … Continued

It is quite likely that if you asked anybody on the street whether a husband would be entitled to a property settlement after a twenty-year marriage in Australia, the answer would be a resounding yes! however as the case of Paxton [2016] makes clear, that would reveal a fundamental misunderstanding of the way property divisions … Continued

The case of Elliston & Dennell [2019] provides a very clear illustration of the principle that under the law in Australia, there is no presumption of a 50/50 division of net assets in the event of a separation. This remains the case whether the parties were married, or de facto, and the principle is especially … Continued

From time to time when a parent is asked to pay child support after separating from a spouse or partner, they may wish to confirm the parentage of a child. The importance of doing so was made clear in the 2017 case of Hallis &  Fielder where it was established by DNA testing that Mr … Continued

Often in family law proceedings before the Court, it will be the case that the evidence will reveal one or both parties  have not been truthful or followed all required laws.  This can relate to any number of issues, such as a party committing criminal offences, misleading Centrelink, false information in taxation documentation, business and … Continued

Sanicki Lawyers is excited to welcome Stephanie Hope (Family Lawyer) to the team.  She will be the leader of the new Sanicki Lawyers Family Law practice group – which we are pleased to establish in response to high customer demand for family law services.  Stephanie comes to Sanicki Lawyers with over ten years experience in … Continued