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Pre-Nuptial Agreements in Australia: Pros and Cons

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...

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Considering a surrogacy arrangement? Here is what NOT to do

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...

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Rare bipartisan support for new super splitting law

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...

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

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?...

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

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...

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

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,...

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Tips on How to Manage your Marriage or Defacto Separation

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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