Author: Charles Noble

Family court orders are binding Court orders are binding for all parties, regardless of whether it is on an interim or final basis. Despite this, breaches of court orders are still extremely common in family law. The important question is what can be done when dealing with breaches of orders? Ultimately, there are three options: Do nothing; File an application to vary or set aside the orders; File a contravention application to enforce the orders. When it comes to family...

What is a Mutual Wills?  Mutual wills are considered a ‘legally binding contract’ between two people that are drafted in terms agreed upon by both parties and cannot be revoked or amended by either party without the agreement of the other. This means that following the death of the first party, the wills are irrevocable and changes can never be made by the surviving party (unless otherwise provided for).  Most commonly, mutual wills are used in circumstances where parties have remarried with children from a former marriage. This...

The most important thing to remember as any parent, and just as much so in separated families, is that you must be proactive and protective should your children face a serious or significant threat. You must protect them from any real potential harm regardless of whether there is a parenting plan in place, Court orders or simply an agreement between the parents in split family situations where care is shared. So, yes you should withhold a child if there is...

What is Binding Financial Agreement? A Binding Financial Agreement is a private contract between two parties in which they are effectively finalising property settlement and spousal maintenance issues outside of the Court. Binding Financial Agreements can be entered into: Before marriage; During marriage; After divorce;  Before cohabitation; or During cohabitation. The benefit of entering into a Binding Financial Agreement The benefit of entering into a Binding Financial Agreement is that the Court will not review the terms of the agreement...

Covid-19 and Family Court of Australia With Melbourne currently in the midst of yet another lockdown as a result of the recent spread of Coronavirus, it’s important to know that the Courts remain up and running throughout this period.  Did you know that there is a special dedicated COVID-19 Court List within the Family Court of Australia and the Federal Circuit Court of Australia? The COVID-19 List operates to deal exclusively with urgent family law matters that have arisen as...

Parenting Plan During Lock Down As the COVID-19 pandemic continues to disrupt daily life in Australia, the added stress and uncertainty on the potential impacts on parenting arrangements for separated parents is ongoing during these unprecedented times. The short answer is that if you have Court Orders they are still legally binding during the pandemic. However, parents may need to adopt a degree of flexibility in some circumstances. For example, if a changeover is to occur at school but the...

Are you considering applying for a Divorce in Australia? If you and your Husband or Wife have been separated for more than 12 months, then you can apply for a divorce in Australia to end the marriage.  If for any period of the 12 months of separation you and your former partner were living together separated under the one roof, then you will need to file an affidavit explaining the circumstances to the Court and confirming that you and your...

Family law rules disclosure - You must need to know You must know the Family law rules disclosure In Family Law property or parenting proceedings, the parties have a responsibility to provide full and frank disclosure.  The duty of disclosure family law is a requirement for all parties involved in a family law dispute to provide to each other party all information relevant to an issue in the case. Family law rules disclosure - in property matters In addition to...

Important information and contact details about the Family Law Courts Brisbane The Family Law Courts Brisbane’ National Enquiry Centre (NEC) is the entry point for all telephone and email inquiries about Family Law Court matters in the Family Court of Australia and the Federal Circuit Court of Australia. [caption id="attachment_9140" align="aligncenter" width="529"] Harry Gibbs Commonwealth Law Courts Building[/caption] The NEC can assist with: Information about how to apply to the court Making urgent applications to the family law court Procedural...

Better Health During Divorce Process Going through separation and the divorce process can be stressful on so many levels. That’s why it’s imperative you really make an effort to look after your health throughout the entires. How to survive the divorce process? Getting sick or rundown is not going to help when you are facing the divorce process, so here are a few tips to stay mindful of as you strive to close this major chapter of your life. Take...

Firstly, what is a property settlement? When it comes to property settlement, Put simply, the division of assets when a relationship breaks down, enabling both parties to sever financial and material ties with one another so they can better move on with their lives, requires a property settlement. A property settlement will also include the distribution of liabilities, such as unpaid loans and credit card debt. Some confuse a property settlement with who gets the house, but there’s more to it...