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How do I get equal custody of my child?

Nov 24, 2021 | Child Custody, Family Court of Australia, Federal Circuit Court of Australia, marriage

Did you know that if there is a court order for equal shared parental responsibility, either by consent or decision of the court, the court must consider whether the parents should have equal shared care of the children? How does the Court consider whether parents...

Pre-Nuptial Agreements in Australia: Pros and Cons

Nov 19, 2021 | Binding Financial Agreement, Family Court of Australia, Federal Circuit Court of Australia, Financial Matters, Informal Agreements, Litigation costs, Oral Agreements, pre-nuptial, pre-nuptial agreements

We see a lot of what are known as pre-nuptial and post-nuptial binding financial agreements drafted by other lawyers, often using ‘boiler-plate,’ clauses many of which are non-compliant with the Family Law Act and likely to be set aside, if they were subject to...

Considering a surrogacy arrangement? Here is what NOT to do

Nov 11, 2021 | Child Custody, Child Support, Family Law, Informal Agreements, Oral Agreements, Parenting, Parenting Orders, Sperm Donor Agreements, Sperm Donors, surrogacy, surrogacy agreements

By Jessica Coles-Black Substantial amounts of money, blackmail, extortion and even an inappropriately behaved lawyer. This matter involved everything that any good tv miniseries has. The recent case of Soon & Poon, heard by the Family Court in Sydney, involved a...

Tips on how to prepare for your first meeting with your family lawyer

Oct 4, 2021 | Child Support, Divorce, Family Law, Parenting

By Jessica Coles-Black Separating from your former spouse is one of the most stressful events you can go through. There are a number of things that you will need to consider in order to finalise your separation, including legal representation. You may also have never...

Rare bipartisan support for new super splitting law

Sep 3, 2021 | Abuse, Family Court of Australia, Family Law, Family Violence, Federal Circuit Court of Australia, Federal Politics, marriage, Property Settlement, superannuation, Superannuation split

By Lloyd Skinner Single, older, and non-home owning women have been identified as being increasingly at risk of economic hardship including homelessness and poverty (Darab & Hartman, 2013). This problem is significantly caused by issues of family breakdown such as...

How has Pauline Hanson influenced changes recently made to Australia’s Family Law system?

Aug 18, 2021 | Family Court of Australia, Family Law, Family Violence, Federal Circuit Court of Australia, Federal Politics, Financial Matters, Litigation costs

By Lloyd Skinner Outspoken, controversial, and offensive, One Nation party leader, Senator Pauline Hanson is a strident critic of Australia’s family law system. What does Senator Hanson believe about the family law system? And do any of her criticisms have viability?...

The Family Court Merger: can they do it?

Aug 4, 2021 | Family Court of Australia, Family Law, Family Violence, Federal Circuit Court of Australia, Federal Politics, Litigation costs

By Lloyd Skinner Following the recent passage of the court merger legislation creating the combined Federal Circuit and Family Court of Australia (FCFCA), officially commencement is set to occur on 1 September 2021. We want to explore the procedural changes that...

If it is not just and equitable, don’t bother. Are oral agreements enforceable in a family law property case?

Jul 30, 2021 | Binding Financial Agreement, Family Court of Australia, Family Law, Federal Circuit Court of Australia, Financial Matters, Informal Agreements, Oral Agreements, Parenting Orders, Property Settlement

By Lloyd Skinner Should you and your partner make an oral agreement regarding the separation of your property it is important to recognise how the family court regards informal agreements if your matter is litigated. Oral agreements are not legally binding, but if...

Multiple breaches of a Parenting Order? Go directly to jail, do not pass go

Jul 21, 2021 | Child Custody, Family Court of Australia, Family Law, Family Violence, intervention order, intervention order breach, Parenting, Parenting Orders, Relationships

By Jessica Coles-Black In the recent Family Court decision of Kalant & Jordain [1],a mother was ordered to a term of 14 days imprisonment for breaching interim parenting orders. How did this happen? How can you ensure this does not happen to you? Ordinarily,...

Tips on How to Manage your Marriage or Defacto Separation

Jul 19, 2021 | Divorce, Family Court of Australia, Family Law, Federal Circuit Court of Australia, marriage, Parenting, Parenting Orders, separation, Superannuation split

By Jessica Coles-Black Separating or divorcing from your spouse is one of the most stressful and emotional periods in a person’s life. There are often many moving variables to consider whilst trying to finalise your separation. It can be slow moving and...

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