Deal or No Deal – Will a Pre-Nuptial Agreement Really Protect Your Financial Position?
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 […]
Misbehaving Single Expert Witnesses – Can their conduct compromise your family report?
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 […]
Think before you breach: Could you be in breach of parenting Orders if you are trying to protect your child from COVID?
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 […]
Family law property services – Appeals in the Court after a decision has been made regarding a property settlement.
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, […]
Family law property services – Applications to the Court for Enforcement of property Orders or Enforcement of a Binding Financial Agreement (BFA)
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 […]
Family law property services – Departure prohibition Orders (cancellation of passports to enforce payment of child support debts)
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 […]
Family law property services – DNA (Parentage) Testing, Child Support Negotiations and Child Support Agreements
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 […]
Family law property services – Spousal Maintenance Applications
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 […]
Family law property services – Drafting of Consent Orders or Binding Financial Agreements (to formalise property settlements without need to attend Court)
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 […]
Family law property services – Mediation of property settlements
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 […]
Family law property services – Negotiated property settlements
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 […]
Family law property services – Pre-nuptial Agreements before marriage or entering into a de facto relationship
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 […]