Some of my clients who have separated a very short time after their wedding, ask about getting an annulment instead of divorce. It’s not as easy as some think. Difference between annulment and divorce A “decree of dissolution of marriage” is what is commonly known as divorce. A “decree of nullity” however is made if …
Asset Protection Family Law Family Trusts Transfer of Land
31 August 2016
Binding financial agreements and prenups – are they actually enforceable?
Before the year 2000 you could not enforce Prenups or Financial Agreements made outside court – you simply couldn’t contract out of the Family Law Act entitlements. These days Binding Financial Agreements including Prenups are made all the time, and provided that they are prepared and executed properly and have compliant content, they are definitely enforceable. What …
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Deceased Estate Family Law
9 May 2016
New laws on deceased estates since 2015
The following is an extract from a Law Institute of Victoria article about the changes as they were coming into effect: 28 Jan 2015 New laws limiting the ability to make a claim on a will came into effect this month, prompting a call from the Law Institute of Victoria for people to ensure their wills …
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Asset Protection Conveyancing Family Law
20 April 2016
Redraw facilities and dangers during family law disputes
Redraw facilities benefits A home loan with redraw facilities is a popular choice for many home buyers. It allows you to make extra repayments and gives you the option of withdrawing those extra repayments at a later date if you need the funds. Usually redraw facilities are only available with variable interest rate loans, as …
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Asset Protection Contract Law Court Family Law Family Trusts Prenups Property Separation
19 October 2015
Binding financial agreements and prenups explained
A binding financial agreement or prenup as the casual term, is an written agreement between two parties setting out the assets, liabilities, property and other financial information of how it will be divided should there be a relationship breakdown. Binding financial agreements can be made before, during or after a marriage or de-facto relationship. Lets …
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Court Family Law Family Violence
16 October 2014
Appealing an intervention order
Can a family violence intervention order be appealed? If an Intervention Order was made against you (or you wanted one made against the other party but were not successful) you can appeal that Magistrates Court decision but you need to ensure that this is done within 30 days of the Intervention Order or dismissal of …
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Court Family Law
18 September 2014
What to do and say in court
Some tips on Court Etiquette and what to do whether or not you have a lawyer….. Arrive on time. Do not be late to court. It is disrespectful to the court and will cause the matter to be delayed unnecessarily, wasting valuable time and resources. Make sure you arrive before and not at the time …
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Family Law Discretionary Trusts Family Trusts Property Separation
24 June 2014
Family law orders can counteract fake transactions
Family Law Orders can counteract Fake Transactions Under Section 106B of the Family Law Act, the Family Law Courts have power to set aside, cancel (or restrain) the making of a transaction by a party to proceedings, which is made or proposed to be made to defeat the interest of their spouse/other party in those family law proceedings. …
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