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 […]
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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.
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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
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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
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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
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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,
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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
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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,
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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.
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Applying for Relocation Order When a parent wishes to move with their child to a different location, and this move significantly affects the child’s relationship with the other parent, applying for a relocation order may be necessary. A relocation order is a legal permission granted by the Family Court, allowing one parent to relocate with
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