When a party seeks Orders to divide the assets and liabilities of the relationship following their separation, they can also seek Orders regarding superannuation. Superannuation splitting Orders do not convert superannuation into a cash asset however each party’s superannuation interest can be adjusted by splitting (transferring) the superannuation entitlements held. To enable greater transparency of […]
The Family Court has the power under section 79A (or section 90SN for de facto matters) to set aside or vary final property orders, even if the Orders were made by consent of both parties. To be successful in an application to set aside or vary final property orders the Court must be satisfied […]
The new Federal Circuit and Family Court of Australia will commence on 1 September 2021. The new court merges the Federal Circuit Court of Australia and the Family Court of Australia. The merger will result in a greater emphasis being placed on encouraging parties to settle disputes, before Court proceedings are commenced. In […]
If the parentage of a child is “in issue” in proceedings under the Family Law Act, the court may make an order requiring a parentage testing procedure to be carried out to help determine the child’s parentage. An application for parentage testing can only be made during family law proceedings for example where an application […]
Individuals charged with criminal offences heard in the Local Court of NSW may make an application, in appropriate circumstances, for the charges to be dismissed due to mental health and/or a cognitive impairment. On 29 March 2021 the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 will commence, which provides new legislation for the […]
In family law property settlement proceedings, each party has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the case, in a timely manner. The Family Law Act at section 75(2)(m) also requires the court to take into consideration if either party […]
The Family Law Act provides that if there are no Court Orders in place, both parents have parental responsibility for their children. This legal position remains unless it is overturned by a parenting order made by a Court. Parental responsibility carries with it a requirement for consultation and for parents to make a genuine […]
Family lawyers are often asked if pre-nuptial agreements (a financial agreement) are binding. The short answer is, yes, they are, if drafted correctly. However, financial agreements can also be overturned if certain criteria are not met. What is a financial agreement before marriage? The Family Law Act allows couples who are considering getting married to […]
The International Covenant on Civil and Political Rights provides that ‘every child shall be registered immediately after birth and shall have a name’. In NSW when both parents agree to changing a child’s name, the change of name is registered with the Registry of Births Deaths and Marriages. A $195 fee is payable and […]
The COVID-19 pandemic is having devastating impacts on our society and can make the process of going through a separation even more difficult. PARENTING AND CHILDREN All decisions about the long and short-term care of children must focus on the best interests of the children as the main priority. While the family Courts remain […]