Additional protection for de facto couples
A new Bill proposes additional protection to de facto couples under the Family Law Act for property and maintenance matters.
Date: Sep 01, 2008
All in the family: Dispute Resolution
Family dispute resolution involves people affected by separation and family breakdown. Dispute resolution is about coming together to talk about differences and trying reach agreements. This can be conducted with all family members present or separately.
Date: Nov 01, 2009
Basic Questions Relating to Parenting Orders
Parenting orders are enforceable arrangements that deal with the welfare of a child. Orders can be made by the courts, however, the desirable outcome is for the parties to reach an agreement without the intervention of the legal system. If the separating parties are unable to resolve their issues, the courts will intervene.
Date: Jul 05, 2011
Binding financial agreements: How an agreement is created, varied or set aside
It’s not unusual to hear of the rich and famous before a marriage, enter into a prenuptial agreement with their spouse. If a person has substantial assets to protect, it’s probably not a bad idea to have a prenuptial agreement in place in the event of a relationship breakdown. In Australia, prenuptial agreements are more commonly referred to as binding financial agreements, and a valid agreement can oust the jurisdiction of the courts.
Date: Jan 03, 2012
Black v Black continues to impact on Family Court decisions
The Full Court decision of Black v Black (2008) 38 Fam LR 503 (“Black v Black”) on financial agreements continues to impact on family law decisions being cited in the recent Federal Magistrates Court decision of Fitzpatrick & Griffin [2008] FMCAFAM 555 (“Fitzpatrick & Griffin”).
Date: Oct 02, 2008
Can I use an injunction to stop my ex partner taking the children out of the state
If you have reason to believe this will occur you should send a copy of the injunction order to the Federal Police and ask that your child's name be placed on the Airport watch list.
Date: Oct 07, 2010
Can you trust a Trust?
When a family is blessed with some wealth, it is not uncommon to find a family trust involved. A trust is an arrangement where assets are held in the name of a trustee on behalf of named beneficiaries. The trustee is not in fact the `real' or beneficial owner. A family trust is usually what is known as a discretionary trust.
Date: Sep 02, 2009
Child support assessment in preparation for new child support scheme
Assessments of every parent who pays or receives child support, even if private arrangements are in place, are currently underway in preparation for the new Child Support Scheme, which commences on 1 July 2008. The General Manager of the Child Support Agency, Matt Miller, has asked parents to check their details carefully because a new formula will be used to calculate child support payments.
Date: Apr 04, 2008
Commonwealth Family Law System to deal with both Parenting & Financial Matters
For years de facto couples who separated with children faced the nightmare of having to use two different legal systems. Problems about their children were dealt with in the Family Law system, under Commonwealth law, while disputes about financial matters were resolved in State courts. In addition, the entitlements of - usually - females were substantially less than their married counterparts, and superannuation benefits could not be divided.
Date: Apr 02, 2009
Dart v Graham [2008] FamCA 824
The recent case of Dart v Graham [2008] FamCA 824 dealt with the issue of a father seeking permission to take his children on an overseas holiday to Bali, Indonesia for his wedding. The mother of the children opposed the children travelling to Bali due to advice issued by the Department of Foreign Affairs and Trade (DFAT) warning travellers to Indonesia that the country has risks associated with it and that careful consideration should be given to the need and desirability of such travel.
Date: Nov 02, 2008
Divorce or Annulment?
Numbers of clients will say to their Family Lawyer, “I don’t want a divorce, I want my marriage annulled”, and usually this is to do with a religious belief. The law does allow for a court to declare a marriage a nullity, although such applications are quite unusual. No doubt this is because the grounds are quite limited.
Date: Mar 03, 2010
Evidence of a witness under 18 years of age in a Family Law matter
In the case of Beckett & Horan [2008] FMCAfam 1427 the issue of permitting a witness under 18 years of age to give evidence in family law proceedings was raised. The proceedings in question concerned both parties seeking parenting orders. An application was made by the mother to adduce evidence from Ms. S, a non-relative aged 17 years of age. Counsel for the father objected to the evidence being adduced on the grounds of s 100B of the Family Law Act 1975 (Cth).
Date: Feb 02, 2009
Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 (Cth)
Legislation has been introduced into parliament that, if passed, would amend the Family Law Act 1975 to allow de facto couples (heterosexual and same sex) to access the federal family law courts for property and maintenance matters.
Date: Jul 02, 2008
Family law and spousal maintenance
Relationships that have come to an end, whether the parties were part of a marriage or a de facto coupling, are always difficult. Additionally if there are further issues relating to finance, the situation can be even more fraught – especially if one of the parties is in a weaker economic position. The Family Law Act (the Act) allows a party to a marriage or de facto relationship, to financially maintain the other party to the extent that they are reasonably able to do so, if one of the parties cannot support him or herself adequately. The courts then can decide to issue a maintenance order however, the Act mandates that certain requirements must be met before an order can be issued.
Date: Nov 02, 2011
Family Law: What does that Mean?
The Family Law Act is a long and often complicated piece of legislation. Since it first came into force in 1975, it has been amended on many occasions and is now nearly twice as long as it first was. The area of Family Law is also affected by the Child Support laws and by laws regarding domestic violence. Some of the terminology has changed over the years and in this newsletter we shall look at some definitions and words used in this area of the law.
Date: Oct 03, 2009
Finding out with Family Law: Parentage Testing
Parentage tests determining the parent of the child may be needed for Family Law matters such as child support payments, custody, access, inheritance and adoption. But with these matters, more matters arise including questions about processes and legal requirements.
Date: Feb 02, 2010
Grandparent rights under the Family Law Act
In 2006 a grandparents right to contact with their grandchildren was finally recognised in the Family Law Act. Before this the word “grandparent” was not mentioned in the Act in relation to any rights to maintain a relationship with their grandchildren on the breakdown of a marriage.
Date: Feb 03, 2011
He wants to take the kids overseas
Australia has many residents with family ties overseas, and we are also a nation of travelers. It is not surprising, therefore, that taking children overseas can often become an issue between separated parents. If the parents cannot agree, a court will make the decision, and the decision will be based on what is best for the child.
Date: May 02, 2009
How Can the Law Protect You from Domestic Violence?
Domestic violence is commonly thought of as physical abuse. However, it can also include other conduct such as sexual, emotional or psychological abuse.
Date: May 02, 2010
How does the family dispute resolution process operate?
Some of us upon hearing the terms, ‘divorce’, ‘property’, ‘financial’ and ‘dispute’, will probably conjure up images of emotion charged court proceedings where one party is left desolate, while the other takes off with all of the matrimonial property and assets. However, the truth is rather more benign and most divorces don’t actually end up in court, and the parties more often than not, will reach some sort of agreement. Furthermore, the law encourages that parties whose union has come to an end, engage in the mediation and conciliation process – and in most instances, it is mandatory to do so.
Date: Feb 03, 2012
How the Family Law Court establishes a contravention of a parenting order
If a person contravenes an order by acting illegally or by breaching the order intentionally, or the person has made no reasonable attempt to comply with the order, they can then be found to be in contravention of the order, and in such a circumstance the order can be varied or they can make a contravention application.
Date: Dec 01, 2011
Inheritances: What happens when a relationship breaks down?
When couples separate, they typically need to sort out how to divide their property. This includes both assets and debts. There are a number of ways this can be done. Parties can agree on how to divide their property without any court involvement. These kinds of agreements can be formalised by the court by applying for a consent order, but they do not have to be. Where parties cannot agree on their own, it is possible to apply to the court for a financial order. Financial orders can relate to the division of property and the payment of spousal maintenance.
Date: Aug 02, 2011
Mandatory reporting of domestic violence
The Northern Territory is set to become the first place in Australia where it will be illegal not to report incidents of domestic violence. The new laws to protect women and children from family violence were introduced into state parliament on 26 November 2008, and will be debated in the February sittings.
Date: Jan 03, 2009
New Intercountry Adoption Agreement between States and Commonwealth
A new agreement between the Commonwealth and States and Territories to administer and improve intercountry adoption in Australia has been signed.
Date: Aug 04, 2008
New Surrogacy Act 2010 commences: 1 March 2011
As of 1 March 2011, it is an offence in NSW to enter into commercial surrogacy arrangements. The Surrogacy Act 2010 came into effect on the 1st March this year, making it illegal to begin commercial surrogacy arrangements after that date, however, regulations to be made under the Act do make provision for those who entered written agreements before that commencement date.
Date: Apr 01, 2011
NSW Relationships Register open from 1 July 2010
This month saw the opening of the NSW Relationships Register. As from 1 July 2010, unmarried couples are now able to prove their committed or de-facto status by registering. Paperwork will be simplified and one document ascertaining to the relationship will be issued and can be used across a range of government agencies. The register will allow couples to be recognised on par with de-facto status and relationships will be considered as such.
Date: Aug 03, 2010
Parents Feel Supported with Child Support
Once partners separate, family obligations are always an uncertain matter. But the one constant obligation is parents' duties to support their children. However parents and non-parent carers don't always feel supported by the information available in knowing their rights and obligations under the child support system.
Date: Jan 02, 2010
Paying for the Kids
Australia's Child Support system has been in force for about twenty years now, so most separated parents have experienced it. In summary, it requires one parent (the liable parent) to pay the other an amount of money calculated by a formula.
Date: Jul 02, 2009
Possibility of Jail for Negligent Parents in Queensland
Parents who abandon their children for an “unreasonable amount of time” could face up to 3 years in jail, under suggested amendments to the Queensland Criminal Code.
Date: May 06, 2008
Property Settlements and bankruptcy
If you are involved in family law property proceedings and the other party to the marriage or de facto relationship goes bankrupt it will affect the way in which the Family Court is able to deal with the proceedings.
Date: Mar 02, 2011
Same Sex Relationships Bill 2008
The Federal Government has introduced legislation that aims to remove the discrimination against same-sex couples currently present in Acts governing Commonwealth superannuation schemes.
Date: Jun 04, 2008
Same Sex, Same Laws
The Rudd government removed discrimination against same-sex couples in more than 100 pieces of federal legislation, following through on their election promise one year ago.
Date: Dec 03, 2008
Sharing Time in Relocation Cases
When the Family Law Act 1975 (Cth) was amended in 2006, it introduced the concepts of “equal shared parental responsibility”, “equal time” and “substantial and significant time”. Until the High Court of Australia decision in MRR v GR, [2010] HCA 4, the relationship between these concepts was unclear in relocation cases.
Date: Jun 06, 2011
Spousal Maintenance
Spousal maintenance is the responsibility of one party to a marriage to financially support the other person after separation or divorce.
Date: Nov 02, 2010
Superannuation in Family Law Financial Settlements
Most working Australians have some superannuation and for many their superannuation can be quite a substantial part of their financial future. Before 2002, dealing with superannuation entitlements often posed problems in family law financial settlements because there was no ability to divide them. The outcome usually was that the husband (usually the one with the greater super) would get a lesser share of the other property to compensate for his greater share of the super.
Date: Apr 03, 2010
Surrogacy Laws in Australia: an absence of uniformity causes confusion
With Queensland introducing new surrogacy laws in 2010, altruistic surrogacy has become legal throughout Australia. However, a lack of uniformity with regard to individual State’s legislation means that intended parents can become confused. This is compounded by the impact of Federal laws, particularly immigration laws, on overseas surrogacy and has caused many parents to be held up in foreign countries awaiting immigration papers for their child.
Date: Jul 02, 2010
Taffa v Taffa When a divorce is alleged to have occurred in a foreign country
In Taffa v Taffa [2009] FamCA 85, the wife made an application for divorce. The husband disputed the application for divorce on the basis that they were divorced in Lebanon on 24 November 1998 by the Jaafarite Canonical Court. The decision of whether the wife's application for divorce could proceed in the Family Court was dependent upon whether the Court recognised the divorce granted in the Lebanon court.
Date: Mar 02, 2009
The Nuts and Bolts of Pre Nuptial Agreements
In Australia it is possible to make Pre-Nuptial Agreements under the Family Law Act 1975 (Cth) ("the Family Law Act").
Date: Sep 02, 2010
What Court Do We Go To?
There are a number of courts which can deal with matters under the Family Law Act, which covers both parenting and financial or property matters between couples, whether married, de facto or, in some parenting cases -parents who never had any ongoing relationship. Choosing the right court can save time, money or both, and the choice is one which family lawyers have to make all the time for their clients.
Date: Aug 03, 2009
What is Family Counselling and Family Dispute Resolution?
If you are involved in a separation or divorce then you may have heard the terms “family counselling" or “family dispute resolution practitioner”.
Date: Oct 05, 2011
What is Family Counselling and Family Dispute Resolution?
Family counselling is a process where a family counsellor helps people affected by separation and divorce to deal with personal and interpersonal issues in relation to the relationship or issues in relation to the care of children from the relationship.
Date: Sep 05, 2011
What's in a name?
For almost all of us, our name is something which says who we are. Apart from being a bit like a personal identifier, it also can describe one's ancestry, one's ethnic background and whether we are married. Less so today, but in the past often immigrants would change their surname to an Anglo-Saxon name, and adopt an Aussie nickname for their forename. This certainly made spelling easier for those who had to deal with "those funny names", but also could signify an acceptance of their new society.
Date: Jun 04, 2010
Where are the children going to go at Christmas?
December is not busy just in department stores, it is flat out in the Family Law courts. For judges, magistrates and lawyers, December is the month of working out where children will spend their Christmas when Mum and Dad cannot work it out. Indeed, the workload is so high that the courts usually require Christmas cases to be filed no later than mid November.
Date: Dec 02, 2009
Who Gets What in a Divorce or Separation
With well over a third of relationships failing, there will be very few Australians who do not know someone who has been through a separation, most of which will involve a sorting out of finances and property. Unfortunately for lawyers, that often means that someone who has separated will have been given advice by a friend, relative or workmate about what they should get.
Date: Jun 02, 2009
|
|
Book
An Appointment
Make an Enquiry
|