Family Law

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Pre-action procedure in the Family Court

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. […]

By | January 30th, 2017|Family Law|0 Comments

Are Binding Financial Agreements Really Legally Binding?

While Binding Financial Agreements (BFA’s) are a popular way of providing certainty in the financial outcomes for people married or in de-facto relationships, they are notoriously technical and highly litigated, so this article examines whether you can be confident whether a BFA is applicable to your situation. […]

By | November 17th, 2016|Family Law, Topical Issues|0 Comments

How to Apply for a Divorce

Divorce in Australia is governed by the Family Law Act 1975, and an application for a divorce under the Act is made to the Family Court. The court will only consider an application for divorce if one of the parties has a connection with Australia through residence, birth or citizenship. […]

By | September 14th, 2016|Family Law|0 Comments

Binding Financial Agreement

What is it? A binding financial agreement (previously referred to as pre-nup) (“the BFA”) is made between couples who are de factoes, soon to be married or already married. It can be entered into either before, during or after their relationship or their marriage. A BFA can be made between de facto couples of the same sex. […]

By | April 27th, 2016|Family Law|0 Comments

Child Support & Child Maintenance

What is it? Child support is financial support for a child under 18 years of age. […]

By | April 27th, 2016|Family Law|0 Comments

Fraud and the Family Law Act

The cases of fraud and misrepresentation are often thought to be limited to commercial contracts. […]

By | November 16th, 2015|Family Law|0 Comments

Applications for Guardianship and Administration Orders

The Guardianship and Administration Act 1990 was enacted to protect adult individuals who are incapable of making decisions for themselves in relation to their living arrangements as well as their financial arrangements. These people require support and assistance to ensure that their quality of life is maintained and also to protect them financially. […]

By | December 8th, 2014|Family Law|0 Comments

Finalising Family Court Property Settlements – How final is final?

Most property settlements, whether they are made as a result of a marriage or defacto breakdown, are documented by a Consent Order. […]

By | September 15th, 2014|Family Law|0 Comments

Binding Financial Agreements

The Family Law Act provides for parties to a marriage or de facto relationship to enter into a binding legal agreement (sometimes referred to as a ‘pre-nuptial agreement’) about the financial arrangements should their marriage or de facto relationship break down. […]

By | August 29th, 2014|Family Law|0 Comments

Ownership of the Family Home

The case of Parianos v Melluish highlights issues of asset ownership, in particular the family home, between a husband and wife. […]

By | August 15th, 2014|Estate Planning, Family Law, Succession Planning|0 Comments