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A prenuptial agreement lawyer explains how to change a binding financial agreement

It is best to seek out a prenuptial agreement lawyer if you want to dispute a binding financial agreement (‘BFA’). This type of agreement, like any other contract in law is subject to strict rules. However, s 90K (1) of the Family Law Act 1975 allows a court to set aside a binding financial agreement. There is a list of reasons outlined in this section including:

  • The agreement is obtained by fraud
  • The agreement is void, voidable or unenforceable
  • Arising circumstances make it impracticable for part of or the entire agreement to be carried out

A prenuptial agreement lawyer can advise you on what makes an act of “fraud”. Ordinarily it is involves using false representations to obtain an unjust advantage. However, to prove fraud, it must be shown that the false representation was made knowingly. This can be either without belief in its truth or in a reckless manner. [...]  READ MORE →

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Seeking a child custody lawyer to recover your child

There are varying scenarios where a threat, removal or disappearance of a child can take place. A child custody lawyer will be able to advise you on the different responses required depending on the nature of relocation; whether it is international, interstate or within a state. Commonly, the scenarios listed can arise:

  • Flight risk within Australia
  • Unilateral relocation within Australia
  • Disappearance by other party with child
  • Overseas flight risk
  • Child passport alert
  • Overseas child abduction

If the respondent’s whereabouts are unknown and every effort has been made to locate them then a child custody lawyer may advise the option of applying for a location order. This falls under s 67K of the Family Law Act 1975. This order will require an individual (e.g. family or friend) or a Commonwealth department (e.g. Centrelink or ATO) to provide the Court with any information they have or which they will have that may assist in locating the child. If there are no prior parenting orders in place or a party has commenced proceedings asking the Court to make parenting orders the requirements are as follows: [...]  READ MORE →

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Asking a divorce lawyer about property settlement

The breakdown of a relationship can be emotionally exhausting. Especially during the dissolution of a marriage, divorce proceedings and the distribution of assets is necessary. However, it can be tiresome when both parties are emotionally charged. Seeking advice from a divorce lawyer can help lessen the burden that falls on parties. This is considering that they are yet to seek out where and how their property is to be distributed. A big part of understanding how property is to be handled is the fundamental question of what is considered to be property. From the involvement of divorce lawyers and cases that have been heard before the court, it has been determined that the term “property” includes: [...]  READ MORE →

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Advice from a separation lawyer in a child custody dispute

Seeking advice from a separation lawyer during a divorce can be necessary especially if there are children from the marriage who are under 18 years old. Generally, a parenting order allows for a child’s parents to have equal shared parental responsibility. Once this order has been made (and the presumption not rebutted) then the court must consider if the child spending time (equal, substantial or significant) with each of the parents is reasonably practicable.

In the recent decision of Miley [2021] FedCFamC1A 62, the Court heard a mother’s appeal against a decision which ordered the return of a child from Victoria to Western Australia. With assistance from a separation lawyer, the parents of the child separated in 2017. Prior to then, the parents were all residing in Western Australia. [...]  READ MORE →

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How a child support lawyer can navigate through a child vaccination dispute

Seeking advice from a child support lawyer in the midst of a global pandemic can add another layer of complexity to your legal proceedings. Medical developments remain ongoing as awareness of health advice heightens. As a result, it is difficult to navigate what actions are mandatory or optional. A particular area of uncertainty surrounds the vaccination status of children between the ages of five to eleven.

A recent decision passed in the Federal Circuit and Family Court of Australia explores this issue. As well as the relationship between law-making and law-enforcing authorities. A child support lawyer can inform you of Australia’s powers and their separation into three arms. More importantly each is a distinct authority tasked with specific roles; therefore they cannot influence one another. For example, parliament has the power to make and change laws. Whereas, the judiciary (the courts) is responsible for passing judgments on the law. [...]  READ MORE →

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Asking a family law lawyer about parentage testing

A family law lawyer can explain parentage testing as a form of genetic testing used to confirm the paternity of a child. A family law lawyer can advise you of the presumption of paternity that operates in the Family Law Act. In various sections of the Act, parentage will arise from circumstances such as:

  • Marriage (s 69P)
  • Cohabitation (s 69Q)
  • Registration of birth (s 69R)
  • A court finding (s 69S)
  • A signed acknowledgement of paternity (s 69T); or
  • Artificial conception (s 60H)

However, if the paternity of a child is in doubt then only when it presents as an issue to the Court will a parentage testing procedure be required. For example if there is rebuttable proof on the balance of probabilities then, as occurred in G v H, a father who refused to undergo a parentage test was subsequently issued with an order. Due to the personalised and invasive nature of a claim as such, a family law lawyer can advise that generally an order should not be made so that an alleged parent can satisfy personal doubts as to a child’s paternity. [...]  READ MORE →

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A prenuptial agreement lawyer’s role in disputing a BFA

It is best to seek out a prenuptial agreement lawyer if you want to dispute a binding financial agreement (‘BFA’). This type of agreement, like any other contract in law is subject to strict rules. However, s 90K (1) of the Family Law Act 1975 allows a court to set aside a binding financial agreement. There is a list of reasons outlined in this section including:

  • The agreement was obtained by fraud
  • The agreement is void, voidable or unenforceable
  • If arising circumstances make it impracticable for part of or the entire agreement to be carried out

Fraud

A prenuptial agreement lawyer can advise you on what makes an act of “fraud”. Ordinarily it is involves using false representations to obtain an unjust advantage. To prove fraud, it must be shown that the false representation was made knowingly. This can be either without belief in its truth or in a reckless manner. [...]  READ MORE →

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The Move to an Online Family Court: How Covid-19 has Influenced the Way Divorce Lawyers Represent their Clients

The prevalence of Covid-19, the coronavirus, has catapulted the Family Courts into rapid digital transformation. At first, the Courts began to switch from face-to-face court events to telephone conferences on a dial in basis. By the beginning of April, the Courts began to conduct Hearings by Microsoft Teams, a program that allows video conferencing so that parties, their divorce lawyers and judicial officers may all see each other in a “virtual courtroom”.

Alongside the transition to online Court hearings was the introduction of the Digital Court File. Previously, parties and their divorce lawyers had the option to file court documents in hard copy, particularly if the matter was urgent. This system proved challenging during the pandemic particularly for Judges and Registrars operating from remote locations. To allow matters to be heard in any location during the pandemic, every new Court file is now completely electronic and able to be downloaded using the Court portal. [...]  READ MORE →

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Worried About Facing Your Ex at Family Mediation? Shuttle mediation may be an Option For You

Family mediation can often be a daunting experience. This is particularly so for those who are worried about coming face-to-face with an abusive or controlling ex-partner. However, did you know that there are alternatives to face-to-face family mediation? Depending on your individual situation, shuttle mediation may be a suitable option for you.

Shuttle Family Mediation

In shuttle family mediation, the parties to the dispute are separated into different rooms or locations. The mediator moves between each of the rooms and conveys the other parties viewpoints, ideas and offers. This may be appropriate for relationships characterised by high levels of conflict or domestic violence. Shuttle mediation is also a good alternative where Court Orders prevent the parties from being together physically. The aim of this type of mediation is to maximise the safety of both parties. [...]  READ MORE →