Family Articles
Binding financial agreements – Thorne v Kennedy revisited
Since the High Court of Australia handed down its findings in the matter of Thorne v Kennedy [2017] HCA 49, there has been much discussion as to what the implications of the decision are for binding financial agreements in Australia, with more than one headline...
The Family Court and de facto relationships
Over the last decade, an increasing number of Australians are living in de facto relationships, while marriage rates have fallen. Reflecting this societal change, the law was changed in 2009 (2002 in Western Australia) so that the same law now applies to separating...
Marriage Equality: What Impact has the Amendments to the Definition of Marriage had on Family Law?
On 7 December 2017, the Commonwealth Parliament enacted legislation that amended the definition of marriage in the Marriage Act 1961 (Cth) to ‘…the union of 2 people to the exclusion of all others, voluntarily entered into for life’ (formerly, the definition was in...
What you need to know about Child Support
Family law in Australia recognises that both parents of a child should be financially responsible for that child’s care, regardless of the parents’ marital status, their past or present relationships, or their involvement in the child’s life. The child support scheme...
Do you understand your obligations regarding Spousal Maintenance?
It is not common knowledge that, in Australia, when a marriage or a de facto relationship ends, one party to the relationship may be ordered by the Family Court to “financially maintain” the other party to the relationship, by way of “spousal maintenance”.
Inheritances and their inclusion in the pool of assets in Family Law Proceedings
Families and money can sometimes be a volatile combination. That is never more so than where divorces and Wills are concerned. When is an inheritance an asset for family law purposes?
The Power of the ATO and Family Law Settlements
Many clients come to see a family lawyer wanting to talk about issues related to the Australian Tax Office (“ATO”), while others haven't turned their minds to their own tax affairs for some time. Generally, we find there is a misunderstanding about the role and power...
Superannuation splitting laws – things you need to know
When a marriage or de facto relationship breaks down property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such, for all couples except de facto couples in Western Australia, superannuation can be adjusted,...
Things to Consider When Getting a Divorce
Applying for divorce can often be a traumatic and stressful experience. Whilst Australian family law can be complex and overwhelming, equipping yourself with the following information will likely alleviate some of your concerns. 1. Can I Apply for a Divorce? If your...
5 Steps to Assist with a Stress-Free Family Separation
The breakdown of a marriage or de facto relationship is a difficult time for all involved. With complex laws and emotions running high, it is easy to become stressed and overwhelmed. Whilst a stress-free separation may seem ambitious, the following tips are likely to...
Can you be separated and live under the same roof?
Before a person can apply for a divorce they have to be able to establish to the Family Court that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the marriage have separated and have lived separately...
Six things to know about Binding Financial Agreements
There are many names for Binding Financial Agreements or BFA’s, including; Pre-nuptial Agreements (commonly known as pre-nups), Post-nuptial Agreements (post-nups); and Cohabitation Agreements. They are known by the courts as Binding Financial Agreements. There have...
Care arrangements for children following separation
Parents do not have to go to court about the care arrangements for their children if they separate. At Frichot & Frichot, as a matter of principle, we encourage clients to endeavour to reach an agreement with ex-partners about proposed arrangements for their...
Family Law Property Settlements Is a 50/50 split the starting point?
When a marriage or de facto relationship breaks down, it is not unusual for separated parties to be anxious about possible entitlements in a property settlement. This is not surprising, given that family law is complicated, the disputes are often emotional and the...
What to do after family separation
Have you, a friend or relative just separated? If so, the information below could help. What is meant by separation? Separation is the ending of a marriage or de facto relationship. De facto relationships include same sex couples. Separation is simply a fact, which is...
Finalising Financial Relationships after Separation – “What If I Win Lotto?”
Upon separation, many couples resolve financial matters privately without ever involving lawyers or getting a formal agreement filed in the Family Court (or, in some circumstances, entering into a binding financial agreement). While this might save money, it also...
How Court Orders or Financial Agreements save you stamp duty if you separate
Finalising a property settlement legally after separation offers more than just certainty about your entitlements and obligations – there may also be substantial tax benefits. When there is a transfer of real estate from joint names to one person only or from one...