COVID-19 | What constitutes “exceptional circumstances” for the purpose of setting aside a Binding Child Support Agreement?
As discussed in our previous article, Binding Child Support Agreements are extremely difficult to set aside. There are only limited ways an Agreement can be terminated such as through the creation of a new Agreement, by entering into a “termination agreement” or by way of Court Order. Background The recent decision of Martyn & Martyn […]
ReadmoreHearing the Voice of the Child in Parenting Matters
In parenting cases, the ”best interests of the child principle” is the paramount consideration, whether parents are trying to reach agreement on arrangements at mediation or when they have a dispute before the Court. In determining what is in the best interests of the child, the Court has regard to two primary considerations, namely, the […]
ReadmoreEvaluative mediation in Family Law financial cases – observations and distinctions
The classical model of mediation is “facilitative mediation” during which the mediator’s primary function is to encourage meaningful and constructive dialogue between the parties, without providing any comment or opinion on the substance of the dispute or providing suggestions or “options” to assist the resolution of the dispute. The requirement that a facilitative mediator refrain […]
ReadmoreCOVID-19 | Protecting your property outcome in Divorce during the COVID-19 crisis
At this early stage of the health crisis caused by COVID-19, many people are worried about how they are going to make ends meet, particularly in view of the negative impacts upon the domestic economy and the global economy. Uncertainty about the duration of the economic effects will inevitably concern parties in financial cases before […]
ReadmoreCOVID-19 | What will this mean for my parenting arrangements?
The emergence of COVID-19 has been fast and unprecedented. It’s easy to see how people may become flustered and act hastily in the first flush of confusion and agitation caused by the disruption of work, school, extra-curricular activities and day-to-day life. We’ve provided our top tips for navigating parenting arrangements and keeping child-focused amongst the […]
ReadmoreFinancial Injunctions in Family Law: Preserving the Assets
In some circumstances, a party (that is, a spouse or third party intervener) may be required to prevent or restrict another party from acting in ways that may reduce the assets available for division under a final property settlement. In these circumstances, an injunction may be a potent and effective remedy to preserve the asset […]
ReadmoreYou, me and ‘we’: Is your business susceptible to being joined as a party to family law proceedings?
Business doesn’t always stay in the boardroom. Business partners not only form commercial relationships with each other but may also unwittingly form relationships with each other’s life (or one night) partners. If your business partner is going through a family law separation, you should be aware that you, or the business, may be joined as […]
Readmore(Not) Married at first sight: de facto relationships explored
In Australian society today, there is an increasing number of people living in what would be legally considered to be a de facto / domestic relationship known as a “de facto relationship”. Why is it important to determine? Many de facto relationships in Australia have the same legal rights as married couples. What is […]
ReadmoreBirth certificate reforms in Victoria
On the evening of 27 August 2019, the Victorian Parliament passed the Births, Deaths and Marriages Registration Amendment Bill. The amendment will allow adults and children to change the sex on their birth certificate without the requirement of gender reassignment surgery. It also provides for transgender people to self-nominate their preferred gender designation (male, female, […]
ReadmoreWhen choosing a school is a matter of family law
Your footy team, where you grew up and where you went to school are just some of the factors that can impact how we each define and describe ourselves in our various family and social support environments. Such is the demand for private schools and the strength of the “old boys” and “old girls” networks […]
ReadmoreWoman wins the right to access her deceased husband’s sperm
A Queensland woman has won the right to access her deceased husband’s sperm following a recent decision by the Queensland Supreme Court. Mrs Gaffney and her husband had been married for five years when Mr Gaffney died in November 2018. The couple had an 18 month old son and had recently begun consulting a fertility […]
ReadmorePutting your relationship to bed before jumping into another
As the composition of the Australian family continues to evolve and the number of blended families continues to rise, individuals exiting one relationship and entering another should not underestimate the importance of first finalising their financial relationship with their former partners. For many people, the breakdown of a marriage or de facto relationship involves significant […]
Readmore
