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Binding Financial Agreements, or BFAs as they are known in Australia, are less common, less certain than the American 'pre-nups' you likely know from movies. Since the recent 2017 High Court decision in Thorne v Kennedy questions have arisen as to their certainty if challenged in Court. In that case the appellant wife travelled to Australia to marry the wealthy respondent in a marriage initiated [...]
It's not just parents who can apply for parenting orders Mention the breakdown of a marriage where young children are involved and most people will have in mind the effect on children of separation from a parent and the distress that it can cause the parent who is not the day to day carer of the children. Less obvious is the effect of the marital [...]
If you are going through separation or divorce and would like to sort out your family dispute issues relating to your children and/or property, you may first wish to try Family Dispute Resolution to mediate the matter before going to Court. You should seek mediation which falls under the purview of Family Dispute Resolution (“FDR”). In a mediation process, a neutral party or a dispute [...]
The Child Support Agency (CSA) has the power to prevent a person who has failed to pay their child support liabilities from leaving Australia. A Departure Prohibition Order (DPO) will be made to stop a person from departing from Australia for a foreign country if: (a) the person has a child support liability; (b) the person has not made arrangements satisfactory to the Registrar for [...]
In order to obtain a divorce, you generally need to satisfy the Court that your ex-partner and you have lived separately and apart for at least 12 months. However, you may separate and continue to live in the same house as your ex-partner, being "separated under one roof". In those circumstances you need to provide additional information to the Court. If you are filing an [...]
Separation can be one of life’s more challenging transitions — and when children are involved, the decisions can feel even more delicate. It’s a time filled with change, big emotions, and a strong desire to make sure your child feels secure and supported. While the road ahead may feel uncertain, many families find a new rhythm, and with the right guidance, you can too. When [...]
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