Category: Family Law
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?
I won the lotto! Does it form part of my family law property settlement?
Generally, in family law, the winnings from a lottery ticket will constitute part of the parties’ property pool. What is contentious is the contributions each party made to purchasing the winning ticket at the time and the subsequent percentage split of the property pool after the win.
What is disclosure in Family Law?
Usually, before we make big decisions, we ensure we are fully informed. Family Law applies the same principles. These principles are referred to collectively, as ‘disclosure’ or your 'duty of disclosure'.
Time limits for property and financial matters in Family Law proceedings
If you’re going through the Family Law system, you will be subject to time limits with some proceedings. If you are looking to resolve property matters or financial proceedings, different time limits will apply depending on the status of your relationship.