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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...

In parenting proceedings, parties are required to complete a Court form titled Notice of Child Abuse, Family Violence or Risk which discloses any allegations the parent may have against the other party which places children at risk.  If a party alleges there is a drug or substance abuse problem on behalf of a parent, then that parent may be required, via Court Orders, to undertake some form of drug testing. The drug testing can include urine samples and hair follicle...

Punishment For Breach of a Family Court Order In a recent decision of the Family Court, it was ordered that a mother serve an immediate term of imprisonment of 14 days and further that she be subject to a further term of imprisonment of 14 days which will be fully suspended. This arose because the mother had failed on numerous occasions to allow her child to spend time with the child’s father when there were orders in place for the...

What is Surrogacy Laws in Australia? Every day the number of children born via surrogacy arrangements in Australia and overseas is increasing significantly. By definition, surrogacy is a form of assisted reproductive technology whereby a surrogate mother offers to carry a baby through pregnancy on behalf of another person or couple (who medically or socially are unable to carry a child of their own) and then relinquishes the baby to the intended parents after birth. Is Surrogacy Legal in Australia?...

Britney Spears is making international headlines yet again, but this time there’s no new album being released or a shot gun Las Vegas wedding. Ms Spears actively continues to strongly oppose the conservatorship which granted her Father control over her finances, financial and personal decisions that has been in place since 2008. Ms Spears primary objection is that the conservatorship is no longer warranted and that it has become oppressive and used as a method of control against her. The...

It is very important that your Will is always current and up to date. Why? If the Coronavirus Pandemic has taught us anything, it’s that the future is unknown and preparation is key.  So, why should you update your Will? There are a number of reasons why this important task should be a priority for you. If anyone in your Will has died (i.e. Executor or Beneficiary), they should be removed. If your financial position has changed. If you have...

Children Family Court Jurisdiction: In a recent decision in the Family Court found that it was very regrettably that the mother did not support the child being vaccinated.  The Court considered that her opposition to the child being vaccinated, as the child’s principal carer, would likely complicate the process and make it much more difficult for the child. The Court considered that in these circumstances it would be counter-productive for the mother to accompany the father and the child to...

More Funding for the Family Court and Federal Circuit Court of Australia.  The recently announced 2021-2022 Budget has allocated $100 million over 4 years to the Family Court and Federal Circuit Court of Australia.  It is hoped that this increased funding will assist in reducing the significant delays associated with the Court, which were amplified during the COVID-19 pandemic. The funding will also assist in improving safety measures for litigants, children and their families and the overworked system in general. ...

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...

Child support can be managed between the parties in a number of ways. Some parents prefer to and are able to have very flexible and informal arrangements between them. Others prefer that their arrangements are managed via the Child Support Agencies – and other parents formalise their arrangements via a Private Agreement.  A private Agreement determines how the expenses which may not necessarily be covered or considered sufficient under a child support assessment, completed through the Child Support Agency, would be...

Are you separated under one roof? If you and your partner are contemplating a divorce, you have also most likely considered living separately during the process.  Although it is a requirement for you and your partner to be separated for a minimum of 12 months prior to filing an Application for Divorce, there is no requirement for the parties to reside separately after the difficult decision to separate has been made.  What is separated under one roof? It is extremely...

Parenting 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 school...

A Consent Order is a quickest and most cost-effective way to formalise an amicable property settlement agreement. If you and your former partner are able to reach an agreement as to how the property of the relationship is to be divided and, if that agreement is just and equitable, Consent Orders may be entered into. Consent Orders involve the filing of 2 separate documents, namely an Application for Consent Order (containing background information, the value of assets and liabilities, information regarding...

Divorce property settlement examples Australia: Following the recent separation of billionaires Bill and Melinda Gates after 27 years of marriage, it has been reported that the couple chose to separate amicably and to privately negotiate their property settlement outside of the Court and public eye.  Upon the breakdown of a marriage or de facto relationship, parties can either negotiate and formalise a property settlement agreement privately (either by way of Consent Orders or a Binding Financial Agreement) or they can...

There are two (2) very important Statutory Time Limits in property settlements that are critical for family law matters which clients should be aware of. These are summarised below: After a Divorce Order has been granted, parties have twelve (12) months from the date of the Divorce Order to commence Court proceedings seeking Orders for property settlement and/or spousal maintenance.  Following the breakdown of a de facto relationship, parties have twenty-four (24) months from the date of separation to commence Court...

Parenting Plan About Future Care Arrangements for your Children Are you and your former partner discussing the future care arrangements for your child or children?  If so, perhaps consider entering into a Parenting Plan.  It is a private agreement between two parents which can detail the agreed arrangements in relation to a child/children. This includes provisions for the time, school holidays, special occasions, telephone communication, etc. A Parenting Plan when signed by both parties then comes into effect. And it...

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...

Overflow Causes The Family Court and Federal Circuit Court to Merge Many know that the family law courts are overflowing with matters and many of those matters relate to family violence and abuse, neglect, or harm coming to children. Some may not know that the majority of all family law matters that go to Court start off in the Federal Circuit Court. This Court (originally named The Federal Magistrates Court) was formed in 1999 to deal with less complex cases...

Notice of Child Abuse, Family Violence, or risk in Parenting Proceedings If you commence or respond to parenting proceedings, you will be required to file a Notice of Child Abuse, Family Violence, or risk, an Application or Response will not be accepted for filing without the notice. This document alerts the Court to possible risks to the child or children or even the parties themselves involved in the litigation. The most prevalent risks are often categorized as neglect, emotional abuse,...

Mental Health and Family Law Separation is one of the most significant life events a person can experience. Worry, anxiety, and stress over the uncertainty surrounding the arrangements for the children, money, and a property settlement division can be extremely difficult to cope with under challenging circumstances. It’s therefore important that you prioritize your mental health and wellbeing during this time. Talk to your friends or family members for support. Take extended leave from work. Or consider seeing your GP...