Category: Family Law
Does your pre-nup meet legal requirements?
5-February-2013 Family Law By Simone GreenOn December 31, 2012, Olympic swimmer Grant Hackett began legal action against his lawyers in relation to a pre-nuptial agreement they prepared on his behalf. The Australian swim star claimed the botched Financial Agreement, with pop star wife...
High Court clarifies property rights of elderly couple living apart
24-January-2013 Family Law By Mark StreeterThe High Court recently provided clarification on a controversial decision in the Family Court regarding the court’s power to order the division of assets when a couple have separated involuntarily, due to the deteriorating health of one or both...
Why it’s important to legally document your financial separation
21-January-2013 Family Law By Simone GreenWhen couples decide to separate, many believe they can "sort things out" themselves without resorting to a family lawyer to finalise the division of their property. But a “do-it-yourself” agreement often does not meet strict legislative...
What is the role of a case guardian in the Family Court?
9-January-2013 Guardianship,Family Law By Mark StreeterDo you have a friend or relative that suffers from a physical or mental disability and currently has a matter in the Family Court? Are they having difficulty understanding and communicating? If so, then they may lack the capacity to manage their own...
How to prepare for mediation after a family breakdown
4-December-2012 Family Law By Simone GreenChristmas is a time of year when couples often reconsider their future together, deciding the best way forward for all concerned is to split up. But where children are involved, the process of dividing parenting care and costs can be...
Divorce can get messy with the division of international assets
2-December-2012 Family Law By Simone GreenIn a world where couples can live and work in several countries during the course of their married life, it is important to be aware of how international assets can be divided in the case of divorce. Couples considering divorce need to take note of a...
Balancing children’s wishes in parenting disputes
31-October-2012 Family Law By Simone GreenFamily separation is a difficult and stressful time for all involved, particularly any dependent children. Every child will vary in their ability to cope with the changes in their family situation. The Family Law Act is focussed upon the best...
Can illegal drug use impact parenting orders?
30-July-2012 Family Law By Simone GreenIn Vokic & Vlass [2012] Fam CA 56 (15 February 2012) issues arose in relation to both the parenting of the children and the parties property interests. The mother had a history of drug and alcohol abuse. The husband claimed that the wife’s...
Poor legal advice invalidates Binding Financial Agreement
Family Law By Simone GreenFor a Binding Financial Agreement to be valid, or binding, certain conditions must be considered. Section 90G(1)(b) requires that each party be provided with independent legal advice from a qualified practitioner about the effect of the agreement, the...
Binding Financial Agreements [BFAs] – Benefits and Pitfalls
23-May-2012 Family Law By Simone GreenThe Family Law Act now allows all people to make agreements at 3 different stages of a relationship: Prior to marriage (also known as a ‘Prenuptial Agreement) During a marriage (even if the relationship has not yet ended) After a...