Category: Family Law

Benefits to register your de facto relationship

29-November-2010 Family Law By Simone Green

The NSW Attorney General launched the NSW Relationships Register in 2010. This Register is managed by the NSW Registry of Births, Deaths & Marriages and allows unmarried couples in a committed, exclusive relationship to formally prove that they are...

Definition of an irretrievable marriage breakdown

Family Law By Simone Green

From 1975 the Divorce Law in Australia has stipulated only one ground for a Decree of Dissolution on Marriage – i.e. that the marriage has broken down irretrievably [s48(1) Family Law Act FLA]. The sole evidence for establishing the breakdown is...

De-facto relationship interim maintenance agreement

Family Law By Mark Streeter

The Situation A couple in a de-facto relationship were seeking to make an "interim" agreement for spousal maintenance pending final discussions and negotiations in respect of a property division. The Solution Streeterlaw were retained on an urgent...

Protecting women and children from violence

Family Law By Simone Green

Protecting people from violence is a significant role of Australian laws. The protection of women and children from domestic violence is a topic often covered in the media. Sexual assault is another. A report into the various Federal and State laws and...

Prenuptial Agreement – who, when and why

Family Law By Simone Green

Prenuptial agreements have become more common and accepted in our society, yet many couples intending to marry feel they don't need a prenup. But it is worth considering and below, we look at some of the key questions surrounding prenuptial...

One night stand impacts child support case

Family Law By Mark Streeter

Man pays child support for six years before DNA reveals he is not the father An expensive child support case shows it is not always worth recovering funds even if they are overpaid or incorrectly paid. The facts of Forsythe & Latimer & Anor...

Is a doctor held responsible for failing to diagnose something?

General,Family Law By Simone Green

The case of TABET V GETT [2010] in the High Court of Australia (12 April 2010) investigated this.   Facts behind the case On 11 January 1991, the appellant was admitted to the Royal Alexandra Hospital for Children with symptoms of headaches,...

Independent legal advice required for Prenuptial Agreements

Family Law By Mark Streeter

The situation: prenup not binding A financial, or prenuptial agreement, had been entered into by a couple. The agreement did not expressly state that both parties had received independent legal advice. As it is a requirement of Financial Agreements that...

Independent lawyer to represent child’s best interests

Family Law By Mark Streeter

Why can't children use the same lawyer as their parents? Unfortunately parents often take adversarial and diametrically opposed positions in respect of what is in the “best interests” of children in Family Law parenting cases.    As a result...

Husband’s fraud undermines Binding Financial Agreement

Family Law By Mark Streeter

New wife wins case against forceful husband Imagine being pregnant, facing deportation and being given a Binding Financial Agreement by your fiance five days before your wedding and told to sign or the wedding is off. The situation In Blackmore...