The ability to move two hours away with your child depends on the existing parenting arrangements, the terms of any court orders, and the other parent’s consent. If no formal arrangements are in place, seeking the other parent’s agreement is typically required. Without consent, you may need to apply to the Family Court of Australia […]
Can I Move 2 Hours Away With My Child? Read More »
Separated But Not Divorced Inheritance If you are separated but not divorced, your marital status can still influence your inheritance. Under Australian family law, assets—including inheritances—may be subject to property settlement during a divorce. This means that even after separation, an inheritance received by either party could be considered in the division of assets unless
Separated But Not Divorced Inheritance Read More »
Are Binding Financial Agreements Enforceable? Yes, binding financial agreements (BFAs) are enforceable under Australian family law, provided they meet the legal requirements outlined in the Family Law Act 1975. These agreements, also known as prenuptial agreements or separation agreements, must adhere to specific legal criteria, including independent legal advice for both parties and correct documentation.
Are Binding Financial Agreements Enforceable: 6-Point Comprehensive Guide Read More »
What Is a Binding Financial Agreement? A Binding Financial Agreement (BFA) is a legal document that outlines the division of assets, financial arrangements, and liabilities between parties in a relationship, such as de facto partners or married couples. A Binding Financial Agreement is a private contract between two parties that dictates how assets, property, and
DIY Binding Financial Agreement: 3 Helpful Benefits Read More »
Breaching family court orders can lead to serious legal consequences. If you fail to comply with orders issued by a family court in Australia, such as parenting or property orders, the court may impose penalties. These penalties can range from warnings and fines to more severe actions like changes to custody arrangements or imprisonment in
What Happens if You Breach Family Court Orders? Read More »
When you separate, it is important to review your house insurance to ensure it reflects your new circumstances. Whether you stay in the property, your former partner remains, or the property is sold, changes to the ownership, occupancy, or use of the house can affect the validity of the insurance policy. Updating the details of
Do I Need to Change House Insurance When I’ve Separated? Read More »
If I Refuse Mediation Will It Go Against Me in Court? Refusing mediation can negatively impact your case in court, particularly in family law matters, where mediation is often a required step before filing an application. Courts expect parties to attempt to resolve disputes outside of litigation. If you refuse mediation without a valid reason,
If I Refuse Mediation Will It Go Against Me in Court: 2 Helpful Alternatives Read More »
How Long After Mediation Can You Go to Court? After mediation, the timeframe for going to court depends on the outcomes of the mediation and whether court proceedings have already been initiated. If mediation is unsuccessful or no agreement is reached, parties can proceed to court immediately. However, in family law matters, completing mediation is
How Long After Mediation Can You Go to Court: 5-Point Comprehensive Guide Read More »
Do Both Parents Need to Consent to Medical Treatment? In Australia, whether both parents need to consent to medical treatment for their child depends on several factors, including the nature of the treatment and the family circumstances. Generally, one parent’s consent is sufficient for routine medical care. However, in cases of significant or non-urgent procedures,
Do Both Parents Need to Consent to Medical Treatment: 8-Point Comprehensive Guide Read More »
In the realm of divorce, the inquiry about whether infidelity affects divorce settlements in Australia is a common concern. In Australia, the legal system operates under a ‘no-fault’ divorce principle, which means that the conduct of either spouse during the marriage, including infidelity, is not considered a relevant factor when deciding on the divorce settlement.
Does Infidelity Affect Divorce Settlement in Australia? Read More »
