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...

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...

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...