Knowledge

Every matter involving parenting arrangements is different; they each have their own uniqueness that requires careful consideration by the court. However, across all cases, the court’s key consideration is what is in the best interests of the child.

Last month, the Australian Law Reform Commission (‘ALRC’) released its report, ‘Family Law for the Future – An Inquiry into the Family Law System’ (‘the Report’). The ALRC spent 18 months working on the inquiry, which was headed by the Honourable Justice Sarah Derrington.

With the update of the Family Violence Plan in April 2019, the Courts have continued to recognise the importance of protecting those experiencing family violence, and the detrimental impact on the health and wellbeing of separating partners and children in situations of family violence.

Domestic Violence is unfortunately common. Today 1 in 3 women have been or are in an abusive relationship. As Domestic Violence Prevention Month, this May, begins we look at 5 different ways to help us understand how we can respond and support those who we know are experiencing domestic violence.

Introduction

Introduction

Although the legislation relating to Financial Agreements seems clear-cut, Financial Agreements are often overturned or set aside by the Court for a variety of reasons. This makes it more difficult to guarantee that a Financial Agreement will indeed be ‘binding’. When considering the application and utility of Financial Agreements in practice, it is therefore prudent to weigh the advantages of entering into a Financial Agreement against the drawbacks or risks associated with it.

Introduction

On American television shows and in movies, the term ‘pre-nup’ is often thrown about. You may be interested to know that there is actually no such thing as a pre-nuptial agreement in Australia. Rather, under Australian law, people can enter into a Financial Agreement at any stage of their relationship to deal with their financial settlement or financial support after the breakdown of the relationship.

The duty of disclosure requires all those in family law to provide all information relevant to the family law proceedings. In family law financial cases this means that those involved are required to provide ongoing relevant information such as bank statements, tax returns and financial reports. However, it is not uncommon for some to be reluctant in disclosing relevant information. Afterall, if you disclose an asset then that asset may form part of the family law proceedings. So, it becomes difficult for those who are trying to get accurate and up to date information on those assets.

Introduction

The Australian family law system is currently undergoing many changes, leading to a highly politicised and uncertain environment that has only exacerbated issues with the court system. While it may seem that governments and lawyers alike are the only beneficiaries of the inefficiencies of the family law jurisdiction, one form of alternative dispute resolution is on the verge of making a great resurgence that may make clients the real winner. 

We all would like to live in a world where there is no fighting or violence, but the truth is that in Australia currently, at least one woman dies from domestic violence a week. Often domestic violence is kept secret within the walls of the home, with family and friends unaware. We must be more educated and socially aware to offer support and help people suffering this danger. Victims should not feel ashamed and know that there is support available to help them change their circumstances.