The Federal Circuit Court of Australia and Family Court of Australia Merger
On 1 March 2021 the Federal Circuit and Family Court of Australia Act 2021 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 was given Royal Assent.
Harwood Andrews recognised in Doyles Guide as a Leading Family & Divorce Law Firm & Lawyers in Regional Victoria, 2021
We are very proud to have been recognised as leading Family & Divorce law practice and two of our Lawyers Lisa Hunt, Principal (Preeminent) and Linton Drever, Counsel (Recommended).
Parenting arrangements and a Pandemic
The parenting arrangements for children of separated parents can be difficult to navigate at the best of times. So, what happens when a global pandemic is also a factor in these parenting arrangements?
Whilst there is no specific family law legislation to cover the current covid-19 crisis, if there are Family Law Orders in place with respect to your parenting arrangements, you must seek to comply with those Orders.
Sharing is caring – Tomaras and the substitution of tax debtors
Marriage can be a beautiful bond between two people. A promise between the two to join their lives. Their souls….
…and all of their tax debts!
School Ties Can Put Parents in a Bind
Parents must carefully consider their ongoing responsibility for school fees after divorce.
The cost of private secondary school fees – along with those at the primary schools that act as feeders for them – can cause complications even in intact relationships. When couples are separating or divorced, the question of who is responsible for what percentage of school fees can become significantly complex.
Service of family law documents via social media
In a world where the internet and technology have progressed to a place where a relationship can be started with a simple ‘swipe’, ‘like’ or ‘snap’ on social media, it doesn’t seem too hard to believe that a relationship can breakdown over a ‘screenshot’ or ‘instant message’.
Brangelina split – the custody battle begins
As the entertainment media lights up like a Christmas tree with headlines of the split of power couple ‘Brangelina’ and news that Angelina will file for divorce and ‘physical’ custody of their 6 children, many are left asking what this all means.
Finalising a Property Settlement Agreement
Separating from your partner can be a painful and disruptive time. While many separated couples may want to distance themselves from each other, it is important to organise arrangements for your children (if you have them) and the division of your property.
Family Court rules on 'special contributions to a relationship'
In a recent appeal to the Family Court, it was determined that there is no binding rule for determining “special contributions” to a relationship. The Court decided that a wealthy couple should share their assets equally, despite the husband claiming that his special skills meant that he should have 70% of the assets.
The importance of documenting gifts and loans to family members
Parents frequently provide their children with financial assistance to purchase a home or an investment property. Financial assistance provided by a parent to a child will be considered a loan or a gift for family law purposes.
New Twist To Bringing Family Property Proceedings
In a recent case, the Plaintiff Donna Nolan separated from her husband and brought proceedings in the Supreme Court of Queensland separate to her proceedings in the Family Court.
Transfers of cash and money from private companies in family law settlements
On 30 July 2014 the Australian Taxation Office issued Taxation Ruling TR 2014/5 (previously released in draft form as TR 2013/D6) addressing the taxation effect of an order by the Family Court under section 79 of the Family Law Act 1975 for a private company to pay money or transfer property to a shareholder or their associate.
Binding Financial Agreements
Binding Financial Agreements (or BFA’s) are intended to provide married and de facto couples with the power to avoid Court and divide their assets as they deem fit.
A BFA is a written document, prepared by lawyers, which regulates the financial matters between married or de facto couples. If both parties agree to the terms of the BFA, and it is drafted and signed off properly, it has the power to override the jurisdiction of the Family Court.