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A prenuptial agreement lawyer explains how to change a binding financial agreement

It is best to seek out a prenuptial agreement lawyer if you want to dispute a binding financial agreement (‘BFA’). This type of agreement, like any other contract in law is subject to strict rules. However, s 90K (1) of the Family Law Act 1975 allows a court to set aside a binding financial agreement. There is a list of reasons outlined in this section including:

  • The agreement is obtained by fraud
  • The agreement is void, voidable or unenforceable
  • Arising circumstances make it impracticable for part of or the entire agreement to be carried out

A prenuptial agreement lawyer can advise you on what makes an act of “fraud”. Ordinarily it is involves using false representations to obtain an unjust advantage. However, to prove fraud, it must be shown that the false representation was made knowingly. This can be either without belief in its truth or in a reckless manner. [...]  READ MORE →

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Seeking a child custody lawyer to recover your child

There are varying scenarios where a threat, removal or disappearance of a child can take place. A child custody lawyer will be able to advise you on the different responses required depending on the nature of relocation; whether it is international, interstate or within a state. Commonly, the scenarios listed can arise:

  • Flight risk within Australia
  • Unilateral relocation within Australia
  • Disappearance by other party with child
  • Overseas flight risk
  • Child passport alert
  • Overseas child abduction

If the respondent’s whereabouts are unknown and every effort has been made to locate them then a child custody lawyer may advise the option of applying for a location order. This falls under s 67K of the Family Law Act 1975. This order will require an individual (e.g. family or friend) or a Commonwealth department (e.g. Centrelink or ATO) to provide the Court with any information they have or which they will have that may assist in locating the child. If there are no prior parenting orders in place or a party has commenced proceedings asking the Court to make parenting orders the requirements are as follows: [...]  READ MORE →

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Asking a divorce lawyer about property settlement

The breakdown of a relationship can be emotionally exhausting. Especially during the dissolution of a marriage, divorce proceedings and the distribution of assets is necessary. However, it can be tiresome when both parties are emotionally charged. Seeking advice from a divorce lawyer can help lessen the burden that falls on parties. This is considering that they are yet to seek out where and how their property is to be distributed. A big part of understanding how property is to be handled is the fundamental question of what is considered to be property. From the involvement of divorce lawyers and cases that have been heard before the court, it has been determined that the term “property” includes: [...]  READ MORE →

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Advice from a separation lawyer in a child custody dispute

Seeking advice from a separation lawyer during a divorce can be necessary especially if there are children from the marriage who are under 18 years old. Generally, a parenting order allows for a child’s parents to have equal shared parental responsibility. Once this order has been made (and the presumption not rebutted) then the court must consider if the child spending time (equal, substantial or significant) with each of the parents is reasonably practicable.

In the recent decision of Miley [2021] FedCFamC1A 62, the Court heard a mother’s appeal against a decision which ordered the return of a child from Victoria to Western Australia. With assistance from a separation lawyer, the parents of the child separated in 2017. Prior to then, the parents were all residing in Western Australia. [...]  READ MORE →

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Getting a Divorce – the application, the hearing and when you need a divorce lawyer

The Divorce Application

There are a number of requirements to be met in order to obtain a divorce Order. The Court must be satisfied that as at the time of filing of the application for divorce:

  1. At least one of the parties to the marriage is an Australian citizen or domiciled or has been ordinarily resident in Australia for the preceding year.
  2. That the parties have been separated for a period of no less than 12 months and that the marriage has broken down irretrievably.
  3. The Court must be satisfied that where there are children under the age of 18 years of age, proper arrangements for their car, welfare and development have been made.

The requirements for divorce in addition to compliance with service requirements will be reviewed at the Divorce Hearing and if satisfied a Divorce Order will be granted.

The Divorce Hearing

Upon filing your Application for Divorce, your divorce lawyer will be advised of the date and time allocated for your divorce hearing. [...]  READ MORE →

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How a child support lawyer can navigate through a child vaccination dispute

Seeking advice from a child support lawyer in the midst of a global pandemic can add another layer of complexity to your legal proceedings. Medical developments remain ongoing as awareness of health advice heightens. As a result, it is difficult to navigate what actions are mandatory or optional. A particular area of uncertainty surrounds the vaccination status of children between the ages of five to eleven.

A recent decision passed in the Federal Circuit and Family Court of Australia explores this issue. As well as the relationship between law-making and law-enforcing authorities. A child support lawyer can inform you of Australia’s powers and their separation into three arms. More importantly each is a distinct authority tasked with specific roles; therefore they cannot influence one another. For example, parliament has the power to make and change laws. Whereas, the judiciary (the courts) is responsible for passing judgments on the law. [...]  READ MORE →

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Asking a family law lawyer about parentage testing

A family law lawyer can explain parentage testing as a form of genetic testing used to confirm the paternity of a child. A family law lawyer can advise you of the presumption of paternity that operates in the Family Law Act. In various sections of the Act, parentage will arise from circumstances such as:

  • Marriage (s 69P)
  • Cohabitation (s 69Q)
  • Registration of birth (s 69R)
  • A court finding (s 69S)
  • A signed acknowledgement of paternity (s 69T); or
  • Artificial conception (s 60H)

However, if the paternity of a child is in doubt then only when it presents as an issue to the Court will a parentage testing procedure be required. For example if there is rebuttable proof on the balance of probabilities then, as occurred in G v H, a father who refused to undergo a parentage test was subsequently issued with an order. Due to the personalised and invasive nature of a claim as such, a family law lawyer can advise that generally an order should not be made so that an alleged parent can satisfy personal doubts as to a child’s paternity. [...]  READ MORE →

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A prenuptial agreement lawyer’s role in disputing a BFA

It is best to seek out a prenuptial agreement lawyer if you want to dispute a binding financial agreement (‘BFA’). This type of agreement, like any other contract in law is subject to strict rules. However, s 90K (1) of the Family Law Act 1975 allows a court to set aside a binding financial agreement. There is a list of reasons outlined in this section including:

  • The agreement was obtained by fraud
  • The agreement is void, voidable or unenforceable
  • If arising circumstances make it impracticable for part of or the entire agreement to be carried out

Fraud

A prenuptial agreement lawyer can advise you on what makes an act of “fraud”. Ordinarily it is involves using false representations to obtain an unjust advantage. To prove fraud, it must be shown that the false representation was made knowingly. This can be either without belief in its truth or in a reckless manner. [...]  READ MORE →

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How Child Support Lawyers Determine a Child’s Best Interest

It is no easy feat understanding the turmoil and emotional challenge that children endure during a family separation. Whilst lawyers have a duty to their client, child support lawyers will seek to consider the best interests of children as paramount. Child support lawyers understands the court’s perspective and approach to complex family law disputes. Pursuant to section 60CC (2) of the Family Law Act 1975 the Court must have regard to certain primary considerations as set out in the Act, to determine a child’s best interests. [...]  READ MORE →

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A marriage lawyer explains time limitation for proceedings

Approaching any marriage lawyer when filing an application for a divorce order can be daunting and overshadowed by emotion. The breakdown of any relationship brings uncertainty and stress. It is important to consider any legal requirements that may apply when finalizing the arrangements for children and/or distributing assets. A marriage lawyer will consider the Family Law Act 1975 which provides time limitations for the bringing of property claims.

In the recent decision of Welland & Hawthorn [2021] FedFamC1A, the Full Court heard an appeal from the dismissal of an application for leave which sought to bring property settlement proceedings out of time. In determining the duration of the parties’ de facto relationship, the Court found that separation had occurred in February 2016. Since the de facto wife filed her application in November 2019, it was 20 months out of time. The de facto wife had two children who lived with her when the de facto husband was incarcerated. It was claimed that the de facto wife had relied on assurances from the de facto husband in 2017 and 2018 in the form of financial provisions. Although the applicant spouse engaged multiple marriage lawyers between 2017 and 2019 no proceedings were actually brought. [...]  READ MORE →

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Changing Parenting Orders And The Principle Of Rice & Asplund

Under section 65D(2) of the Family Law Act 1975, a Court can make an order to discharge or vary a parenting order. A child custody lawyer will be able to inform you that despite this power, there was an important principle set out in the case of Rice & Asplund [1978] FamCA 84. This case ruled that a Court should avoid changing parenting arrangements unless there has been a significant change in circumstances or new material facts to justify such a “serious step”. Seeking advice from a child custody lawyer will help analyse the applicability of this test in the event that you may want to vary a prior parenting order. [...]  READ MORE →

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CHILD VACCINATION INTENTIONS DECIDE CUSTODY MATTER

Courts can decide that one parent’s opposition to vaccination is based on genuine but unreasonably held beliefs and award sole parental responsibility as to immunisation and vaccinations to the other parent.

In making the order a Court can determine that a parent be awarded sole parental responsibility in respect of all decisions relating to the children’s immunisation and vaccination and can forthwith do all acts and things necessary to ensure that the child receives the childhood vaccinations/immunisations as are recommended by the child’s treating general practitioner by reference to the current National Immunisation Program Schedule published by the Australian Government, Department of Health and Ageing. [...]  READ MORE →