Since the changes to the Child Support legislation in 2008 there have been (2) options for documenting a Child Support Agreement, either a Limited Agreement or a Binding Agreement. What is the difference between Binding and Limited Child Support Agreements? Both Limited and Binding Child Support Agreements allow parents to agree to their Child [...]
Separation is a turbulent time and this is never more so the case than when trying to determine if the ongoing occupation of the home can be shared or if one of the spouses should leave. A dispute over who will stay in the home may involve an Application for a Domestic Violence Order, which [...]
The question of 'what is a defacto relationship?' has received increased attention since the amendments to the Family Law Act on 1 March 2009, introducing the defacto property settlementlegislation. So, what is a defacto relationship, when determining a property settlement? Definition: A defacto relationship can exist between two people of different or same gender. According [...]
The need to obtain leave from the Family Court means it can take an extended period for a step-parent to adopt a child. Amy Honan suggests practitioners keep this in mind when advising clients. Read the full article here.
The term 'Prenuptial Agreement' often appears in the media, particularly in the latest news about celebrity marriages, either when the agreement is made or when celebrities get divorced. A Prenuptial Agreement however, is not just reserved for celebrities with million dollar assets. In Australia Prenuptial Agreements are legally enforceable and anyone wanting to protect their [...]
Yes, it’s hard to believe, but the Easter school holidays are approaching. For separated families, negotiating the kids' holiday arrangements this time of year can be a challenge. So, what can separated parents do to make the holiday period a little easier on themselves and their children? Family Law Specialist, Michael Lynch says that, from [...]
New domestic violence laws started in Queensland on the 17 September 2012. These laws replace the Domestic and Family Violence Protection Act 1989 (Qld). The changes impact not only the definition of "domestic violence" but also, who can apply? who can be an applicant? and ultimately, the ease with which DV orders can be made. [...]
On 7 June 2012, the Family Law Legislation Amendment (Family Violence and other Measures) Act 2011 commenced. The Act brings in to force various amendments to the Family Law Act 1975 surrounding definitions of 'family violence' and 'abuse', the best interest considerations and increased notification requirements. These changes will have a profound impact on how the [...]
Australia, along with 69 other countries, is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a mechanism for the return of children who have been wrongfully removed from their country of residence. This leaves another 126 countries which are not signatories to the Convention. So what happens when [...]
In determining parenting arrangements, the Family Law Act operates on the presumption that both parents have "shared parental responsibility". However, this presumption may be rebutted in certain circumstances, for example where family violence or child abuse is a factor, or if it would not be in the child's "best interests" for the parents to have [...]
