Category: Family Law
Domestic violence Protection Order appeal dismissed by District Court
We recently assisted a client with successfully dismissing a Domestic and Family Violence Appeal in the District Court in February 2020. We represented the Respondent in relation to a Protection Order in the case of MNT v MEE.
Types of Binding Financial Agreements (Prenuptial Agreement)
Binding Financial Agreements (BFA) are “financial” agreements used in family law. They are often colloquially known as prenups or prenuptial agreements. BFA’s are entered into prior to, during a marriage or de facto relationship or after a marriage or de facto relationship.
The new PPP500 scheme to speed up family law property settlements
A new pilot program for family law matters, known as Priority Property Pool under $500,000 (PPP500 cases) and aimed at expediting eligible property settlement cases, commenced on 1 March 2020.
Can I claim more assets years after separation, divorce or property settlement?
In this article, we look at what happens if you separate or divorce, finalise the division of your assets and then years later decide that you either want or need more from the property pool than you originally received.
Differences between Binding Child Support Agreements & Limited Child Support Agreements
Child Support Agreements (both limited and binding) are an integral part of the family law system and are used to set out how your child or children should be supported financially by either or both parents.
How are gifts treated in Family Law property settlement?
In Australia, it is quite common to hear scenarios where parents gift their child a substantial amount of money; perhaps as a deposit on a first home or maybe to travel or do renovations. What we’re looking at today is how that ‘gifted money or property’ is treated in any family law property settlement.
Can I lodge a caveat on the family home during family law proceedings?
A caveat is a registered notice on a land title that will prevent the property from being sold or mortgaged until the caveat is withdrawn, lapsed or cancelled. How do they work in Family Law matters?
I won the lotto! Does it form part of my family law property settlement?
Generally, in family law, the winnings from a lottery ticket will constitute part of the parties’ property pool. What is contentious is the contributions each party made to purchasing the winning ticket at the time and the subsequent percentage split of the property pool after the win.
What is disclosure in Family Law?
Usually, before we make big decisions, we ensure we are fully informed. Family Law applies the same principles. These principles are referred to collectively, as ‘disclosure’ or your 'duty of disclosure'.
Time limits for property and financial matters in Family Law proceedings
If you’re going through the Family Law system, you will be subject to time limits with some proceedings. If you are looking to resolve property matters or financial proceedings, different time limits will apply depending on the status of your relationship.
My ex-partner hasn’t returned the kids. What can I do?
Your ex has had the children for the weekend but he/she hasn’t returned them to you as agreed. This doesn’t happen often but when it does, it is best to be prepared.
The difference between the Family Law Court and the Federal Circuit Court
In Australia, there are two courts your family law matter can be filed or heard in; the Family Court of Australia and the Federal Circuit Court.