There has been a lot of debate lately about how hard or easy it is to challenge a binding financial agreement (BFA) in court. BFAs made between married or de facto spouses and can be made before moving in/marriage (“prenups“) or during the relationship post-marriage/moving in. Just because it may seem unfair to enforce the …
Appeals Contact Court Custody Divorce Family Law Laws on Children
30 May 2018
Parental Alienation: Change of custody when a parent alienates the other parent
Parental Alienation in Australia To see how the Family Law Courts treat parental alienation, here is a summary of a case recently decided where custody was changed: (Lankester & Cribb [2018] FamCAFC 60 (6 April 2018) This was a case of severe alienation of the child against the father where the mother simply could not …
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Family Law
12 October 2017
Paternity Law and DNA Paternity Testing
Paternity in family law disputes Under current law, paternity is “presumed” in the flowing circumstances: If a child is born to a woman and at the time she is married – the child is presumed to be the child of the woman and her husband, subject to some specific time limits: s 69P of the …
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Divorce Family Law Property Property Settlement Separation
29 August 2017
Splitting Super after Divorce
How is superannuation dealt with in family law? Superannuation is treated as property and can be divided between the parties after the breakdown of a marriage or the breakdown of a de facto relationship. Rather than cashing out the super is “split” and assigned to the spouse who is entitled to a top up. Superannuation …
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Contact Court Custody Divorce Family Law Family Violence Laws on Children
25 August 2017
Can Recordings Be Used in Family Law Court?
Can you use recordings in a family law dispute? The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases Each of the States has their own legislation in relation to recordings. For example, …
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Contact Court Custody Divorce Family Law Intervention Orders Laws on Children Property
22 August 2017
Social Media in Family Law Court Cases
Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for …
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Asset Protection Family Law Inheritance Property
22 August 2017
Inheritance and Divorce: Claims over a spouse’s inheritance
Whether your inheritance will be counted in the divorce assets to be split depends on each case. There is no “one rule for all cases“. Where the inheritance has already been received these are some relevant factors taken into account in a divorce case: Time since the inheritance – If a long time has passed between …
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Court Custody Family Law
8 August 2017
Moving abroad with child after divorce
If you are looking at moving abroad with your child after divorce then this blog is for you. What happens when the parents are separated and don’t agree? The High Court of Australia has recently confirmed that children’s wishes although relevant, are not the only deciding factor in parenting cases. In the recent case of a …
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Contact Court Custody Family Law Laws on Children Separation
1 August 2017
Child kidnapping cases in Australia family law
Help! My ex-partner has kidnapped our child! Will the police help? The short answer is no. Clients often come to us stating that their partner has taken the child and that the police won’t help. In most instances a parent taking a child is not considered ‘kidnapping’ which is normally a term applied to the …
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Deceased Estate estate disputes Family Law Wills
8 March 2017
Who has the right to make decisions about the deceased’s funeral?
Dealing with the Funeral Director There are often funeral arrangement disputes between family members as to who can arrange the funeral of a deceased loved one. The poor funeral directors have to then work out who can they legally take as their client. The law, at least in Victoria, states that it is the executor of …
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