Category: Family Law

Binding Child Support Agreements (BCSAs) are an increasingly common method of formalising agreements for the payment of child support, often as part of a package of documents that finalise all the issues at separation, including property consent orders,...

Collaborative Law is emerging as a very strong and successful alternative dispute resolution process which can ultimately save parties hundreds of thousands of dollars by keeping them out of Court. In September 2017 the Australian Law Reform...

When making decisions about where children should live (‘custody’) the Court needs to consider a number of factors in determining what is in the child’s best interest – not necessarily what is best for the parent/s or even what the child...

Christmas can be a very hard time of year for separated families and especially the children. When negotiating arrangements for who will see the Children over Christmas, Accredited Specialist in Family Law, Simone Green recommends you consider the...

Anyone considering making a Financial Agreement in circumstances where there is unequal bargaining power and a significant proposed imbalance in assets and income should obtain specialist Family Law advice before proceeding. The High Court recently...

When couples separate, they frequently need to attend Court to have the division of their assets decided by a judge. Since it can take a long time to progress through the Courts to a hearing, it is common for the asset pool’s value to change...

Case study: Blackwell & Scott [2017] FamCAFC 77 (28 April 2017) Family Law orders frequently involve a cash payment from one party to the other when a jointly owned property is to be retained by one person as part of a property adjustment....

A recent case in the Federal Circuit Court of Australia, Jasper and Corrigan (no.2) [2017] FCCA1467, was disputing the nature of a de facto relationship. The applicant, a 33-year-old woman, at the very last minute, presented evidence in the form of...

There are many misconceptions surrounding just what divorce is and the process of obtaining one. In fact, the process of obtaining a Divorce is the most straightforward process involved in the broader Family Law context. The Courts have attempted to make...

The Federal Circuit Court, which incorporates Family Law cases, continues to experience extreme delays. Financial matters filed today in the Sydney Registry are unlikely to receive a final outcome until 2019 or later. It is virtually impossible to have...