For a property settlement agreement to be legally binding, it needs to be documented as either a consent order or a financial agreement. The court recently had to consider in a case whether an agreed property settlement that was not formalised by the parties, was a ground to dismiss an application for a property [...]
In determining children’s arrangements the law states that the child’s ‘best interests’ are paramount. The court can therefore make orders restraining a parent’s behaviour including their freedom of movement. A father recently appealed an order restraining him from various activities including: collecting or taking the children to school; attending at the school to undertake [...]
Quite often people ‘over-state’ their financial position when applying for a bank loan. They then ‘re-clarify’ their actual financial position in court when they are going through a property settlement. Be careful, it will catch up with you. Not only does the Family Court have the ability to “reverse” commercial transactions, if those transactions [...]
Generally, less percentage weight is given to property that spouses had at the commencement of their relationship, the longer their relationship continues. So that, even if parties held significant property at the commence of their relationship, or that property provided a springboard into more assets, the impact of such a contribution has to be [...]
When parents cannot agree on a child’s surname, an application to change a child’s name can be made to the court. The court must have regard to the best interest of the child as the paramount consideration, and this principle stands above the wishes of the parents. Helpfully a recent decision of the court [...]
Parenting Court Orders impose obligations on the parents to comply with (and facilitate) the orders that are made. When one parent fails to comply with an Order, the other parent may bring a Contravention Application against them. The court deals with contravention applications in a strict manner, due to the penalties that can be [...]
If you’re unhappy with the outcome of a judge's decision in the Family Court, there maybe circumstances where you can lodge an appeal. But what does that mean? Let’s take a look at the meaning and process of lodging an appeal. What is it? An appeal is a request to have your family law [...]
Dividing personal items after separation and divorce can be a difficult process. Who gets the new lounge? What about the dinner set your mother gave you? And what happens when you can’t agree? In a property settlement, “property” has a broad definition, and it includes the furniture, no matter who bought it during the [...]
Every family has a busy schedule and for separated families in two households, life can get complicated. That’s why good communication is so important. Here are some ways separated parents and children can communicate with each other. Stickers, charts and calendars For very young children, adjusting to life in two households with new routines [...]
Having been told by a client that an amicable agreement has been reached for a property settlement, we sometimes find that problems arise and the "agreement" is not what it seemed. So that you are ahead of the game, here are some (not all) of the common problems; There is a broad 'understanding' between [...]
