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 […]
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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 […]
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In parenting matters, when necessary, the Court will appoint an independent children’s lawyer to represent the best interests of the children involved. Often, each parent is of the belief that they know what’s best for their children and consequently, instruct their legal representative to argue that point of view. This may however involve a level […]
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The first step in any family law property settlement is to identify and value the assets belonging to each party. A business is an asset and its value either needs to be agreed between the parties or valued by a qualified expert. A business, like any asset, is to be valued at its […]
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Matters involving children are particularly sensitive and often contentious. The family Courts, in these matters, prioritise the safety of the child from physical or psychological harm, which may come about due to being subjected or exposed to abuse, neglect or family violence. In deciding whether to make a particular parenting order in relation to a […]
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As defined by Section 63C of the Family Law Act 1975, a Parenting Plan is a written and signed agreement between parties to a family law matter made free from any threat, duress or coercion. As opposed to Consent Orders, Parenting Plans are flexible, non-binding and can be changed upon a written agreement between the […]
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Family lawyers are commonly asked, in the event of a relationship breakdown, which party has the right to remain in the former matrimonial (or de facto) home while finalisation of property matters is pending. The simple answer is that there is no simple answer. While some manage to resolve the impasse amicably and remain separated […]
More Most family law matters will not see a final hearing. Now more popular than ever, family dispute resolution is providing an alternate to court room litigation which allows parties control, confidentiality, convenience, affordability and finality. It is no secret that the family law courts are congested and highly worked. Once an intiating application has been […]
More Family violence is a serious social issue that affects everyone in a family – children, parents and other members of the extended family. Family violence can occur before, during and after separation and it may affect the ability of people to make choices about their family law matter and to take part in Court events. […]
More An astonishing 70% of Australian’s are active social media users, it therefore comes as no surprise that digital and, specifically, social media-focused evidence can be utilised by parties to family law matters. Social media acts as a platform for anyone to publish almost anything instantaneously. The result of this can have serious repercussions for those […]
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