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 […]