A parenting plan is an informal written parenting agreement that includes parenting and care arrangements for children but has not been formally approved by the Federal Circuit and Family Court of Australia (FCFCA). Parenting orders (or consent orders) are written parenting agreements that have been approved by the FCFCA through an application made to the court. […]
Family Law Property Settlements – Is a 50/50 split the starting point?
Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements in a family law property settlement and the assets they are likely to retain. This is only natural given that Family Law is a complicated and emotional area of law […]
What you need to know about AVOs
An Apprehended Violence Order (AVO) is an order made by a court against somebody in circumstances where a person in need of protection can show that he or she has reasonable grounds to fear that somebody may engage in personal violence or intimidating or stalking behaviour against that person. The ‘defendant’ is the person against […]
Dying intestate – the perils of not making a Will
A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to administer your estate (your executor), nominate guardians for young children, determine who will receive your assets and give direction for specific funeral and burial arrangements. Without a Will, the finalisation […]
Coercive Control Offences in New South Wales
Recent research found that 99% of intimate partner homicides in New South Wales that occurred between 2008 and 2016 were preceded by evidence of “coercive control” within the relationship. In 2022, the NSW parliament introduced a bill law to criminalise coercive control in an effort to prevent intimate partner homicide. Enforcement of this law will not […]
Ensure the Will is up to date before a loved one loses capacity
The question of mental capacity is an important consideration in will-making and can be a contentious issue. How often do we hear family members arguing over a loved-one’s ‘state-of-mind’ and ‘what Grandad would have wanted’ when sadly, his memory and ability to make reasonable decisions comes into question. This may be due simply to age, […]