What is a binding financial agreement? The Family Law Act 1975 (Cth) (Family Law Act) provides for parties to a marriage or de facto relationship to enter into a binding legal agreement about the financial arrangements should their marriage or de facto relationship breakdown. […]
Many Australians are co-owners of interests in land but do not appreciate the nature or effect of the co-ownership and do not fully research family trust estate planning. As a result, they are not aware of the consequences their co-ownership has on their death. Below are examples of the effect joint tenancies can have in ousting the Testator’s family maintenance (“TFM”) legislation. […]
Maybe you didn’t see it coming. Maybe you’ve known it was going to happen for some time. Maybe it’s a well-contained no-fault divorce. Maybe it’s not so amicable. Either way, you’ve got a few things to worry about right now… (Before you consider the Common Divorce Pitfalls) […]
In Family Law, a parenting order is a legal agreement about how separated parents divide the responsibility to take care of their children. These agreements are sensitive. As such they are important to respect – but can be violated by either parent who isn’t careful about observing them. We’ll take you through first what a parenting order is, and what the requirements are. Then we’ll advise you on your options if one party has breached the parenting order. […]
What is spousal maintenance? Under the Family Law Act 1975, a person has a responsibility to assist their former partner financially, whether they were married or in a de facto relationship, if that former partner cannot meet their own reasonable living expenses from their income or assets. […]
What is a step-parent? The term “step-parent “is defined in the Family Law Act 1975 to mean a person who, in relation to a child: a) is not a parent of the child; and b) is or has been married to, or is or was a de facto partner of a parent of the child; and c) treats, or at any time while married to, or as a de facto partner of the parent (this includes same-sex couples) treated, the child as a member of the family. […]
When a couple separate, whether they have been married or in a de facto relationship, they usually need to resolve how to divide their property. How are family pets treated? […]
When a couple separate, whether they have been married or in a de facto relationship, they need to resolve how to divide their assets, including their assets, debts, and superannuation. […]
If you are thinking about making an application to the Family Court for orders relating to Property, Financial Maintenance, Child Related Proceedings, or for a Divorce, it is important to understand whether you are eligible to make an application. […]
What to do before going to the Family Court Before bringing an application before the Family Court, whether in relation to property, financial maintenance or children, the parties are required to make a genuine effort to resolve their dispute. […]
