Children’s expenses: to bind or not to bind?
School fees, swimming lessons, uniforms, football and dance classes, the list of the ever increasing expenses of raising children goes on. When parents separate, expenses that were once agreed and were paid from joint funds can become a point of contention.
Parenting matters and the new changes to the Family Law Act
Recently there have been changes to the Family Law Act 1975 (the Act), via the Family Law Amendment Act 2023 (FLAA) about parenting matters. Most of the changes as a result of the FLAA will take effect from 6 May 2024.
Can I have a piece of the pie now? - Partial property settlements in family law matters
When going through a separation, it is important that you and your former spouse formalise a final property settlement and take the necessary steps to ensure that your financial ties to each other are cut. However, the process of negotiating and ideally reaching an agreement for a property settlement, making it binding and then implementing the agreement can often take some time.
Can I keep it?: Inheritances in Family Law Property Settlements
Many Australians may have received, or are set to receive, some type of inheritance in their lifetime. Thanks to the general rise in property prices over the last 30 or so years, such an inheritance may be significant.
What is a Financial Agreement in Family Law?
A Financial Agreement, or sometimes also called a Binding Financial Agreement, is a document, similar to a private contract, between the parties in a family law matter.
The intention of a Financial Agreement is to remove the Federal Circuit and Family Court of Australia’s jurisdiction in relation to the financial arrangements of the parties upon their separation, or to address specific issues between them.
Family Law Practical Tips
Separation is not easy. In fact, separation is difficult whether it is your decision to separate or not.
There are many things to consider when contemplating separation or you have separated such as your health (including your safety and wellbeing together with any children), care arrangements for children, your financial stability both in the short term and long term and also interactions with your former partner or spouse.
Debts in Family Law matters
In a recent case of Cao & Trong (2022) FedCFamC1F 754 (4 October 2022) the Court considered debts of the parties which exceeded the value of the matrimonial asset pool available for distribution.
A guide to common family law terms
Relationship breakdowns and separations can be a stressful time as people navigate their parenting matters, property settlements and establish their ‘new normal’. Being involved in the family law system for the first time often means being exposed to a range of new terminology and legal jargon.
What date are assets valued at in Family Law Property Settlements?
Family law property settlement negotiations and court proceedings can often run for lengthy periods of time. Sometimes there are delays that are outside of the parties’ control. These delays can cause issues when it comes to the time for valuation of the parties’ assets.
Mediation in Family Law Proceedings
Mediation is a process that can be attended by parties to a family law dispute in an attempt to resolve their property and/or parenting issues. This article details what family law mediation is, why it is used and what the process is.
Harwood Andrews Recognised In Doyles Guide As A Leading Family & Divorce Law Firm & Lawyers In Regional Victoria, 2022
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities for Victoria in the 2022 Doyle’s Guide.
Pre-action requirements for the new family law court
On 1 September 2021, the Federal Circuit Court of Australia and the Family Court of Australia merged. They have joined to become the new Federal Circuit and Family Court of Australia (FCFCOA).
Social Media and the Connection to Family Law Proceedings
As family law practitioners we often see social media posts and screenshots used in evidence in family law disputes.
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.