Separation is often a challenging and emotionally charged time in a person’s life, usually accompanied by significant decisions regarding living arrangements. One common question that arises during this period is ‘Can I change the locks on my house after separation?’. It depends on several factors, including whether the property is rented or owned, and whose […]
What is a Binding Financial Agreement?
A Financial Agreement is an effective tool for couples in managing their estate planning. Financial Agreements allow couples to pre-determine what they quantify as a fair distribution of their finances and assets, in the event of a relationship breakdown, death of one party, or mental illness. What is a Financial Agreement? As mentioned above, a […]
What’s the difference between Parenting Plans and Parenting Orders?
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 […]
Social media and family law – Just don’t do it!
Social media – Facebook, Instagram, Twitter, Snapchat and the like – can be a lot of fun and have become an accepted part of modern life. Many of us use such forms of electronic communication to share the exciting, as well as the banal events in our lives, to express our views and to stay […]
Divorce, de factos and superannuation splitting
Once a couple is separated, their superannuation (Super) is treated as property under the Family Law Act 1975 (Cth) (FLA) and the value of the couples’ Super benefits will be taken into account when determining a property settlement. Super is held in trust and differs from other types of property, there are rules that govern […]