Category: Family Law
What happens if I have a Financial Agreement (BFA) and my partner dies?
This blog will explore the effects of death on a Financial Agreement and circumstances in which an agreement may be set aside.
My child does not want to spend time with my ex. Can I force them to?
After separation where there are children of the relationship, it’s important to put plans in place to ensure both parents have equal shared responsibility for the children, except in cases of family violence or child abuse.
Domestic violence Protection Order appeal dismissed by District Court
We recently assisted a client with successfully dismissing a Domestic and Family Violence Appeal in the District Court in February 2020. We represented the Respondent in relation to a Protection Order in the case of MNT v MEE.
Types of Binding Financial Agreements (Prenuptial Agreement)
Binding Financial Agreements (BFA) are “financial” agreements used in family law. They are often colloquially known as prenups or prenuptial agreements. BFA’s are entered into prior to, during a marriage or de facto relationship or after a marriage or de facto relationship.
The Family Law Courts establish a new “COVID-19 list” to deal with urgent coronavirus impacted matters
The Family Law Courts have now implemented a COVID-19 list. The list is exclusively for urgent family law matters which have arisen as a direct result of the impact of the coronavirus.
The new PPP500 scheme to speed up family law property settlements
A new pilot program for family law matters, known as Priority Property Pool under $500,000 (PPP500 cases) and aimed at expediting eligible property settlement cases, commenced on 1 March 2020.
Parenting Orders during COVID-19. What happens if compliance becomes difficult?
If parents have Parenting Orders which have been impacted by the pandemic, for example, the forced shutdown of schools and state borders, they need to communicate with each other and reach a practical solution to resolve these difficulties if it is safe to do so.
COVID-19 and the Family Law Courts
Australia’s Family Law Courts are taking unprecedented precautions and measures during the coronavirus. As they are considered an essential service and therefore remain open until further notice but with new operating guidelines.
Can I claim more assets years after separation, divorce or property settlement?
In this article, we look at what happens if you separate or divorce, finalise the division of your assets and then years later decide that you either want or need more from the property pool than you originally received.
Differences between Binding Child Support Agreements & Limited Child Support Agreements
Child Support Agreements (both limited and binding) are an integral part of the family law system and are used to set out how your child or children should be supported financially by either or both parents.
How are gifts treated in Family Law property settlement?
In Australia, it is quite common to hear scenarios where parents gift their child a substantial amount of money; perhaps as a deposit on a first home or maybe to travel or do renovations. What we’re looking at today is how that ‘gifted money or property’ is treated in any family law property settlement.
Can I lodge a caveat on the family home during family law proceedings?
A caveat is a registered notice on a land title that will prevent the property from being sold or mortgaged until the caveat is withdrawn, lapsed or cancelled. How do they work in Family Law matters?