11 May

How Tight Is An Airtight BFA?

Preparing an Airtight Binding Financial Agreement Binding Financial Agreements (BFA), also referred to as “pre-nups” are created when two parties have made a fully informed decision to enter into a binding agreement. The creation of an Airtight Binding Financial Agreement requires the parties to disclose their financial position, provide reasonable…

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04 May

Financial Settlement, Debt, and Home Loans. More Money. More Problems.

What Happens to Home Loans, Mortgages and Properties After Divorce? One of the biggest concerns of parties whose marriage has broken down is what happens to financial resources and debt during this process. When it comes to matrimonial assets, one of the main considerations is whether the party who resides…

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27 Apr

Enacting Recovery Orders To Bring Back Your Kids

What Happens if a Party Does Not Return the Child? If you are concerned that your child may not be returned to your care after spending time with the other parent, there are some simple things you can do to try and avoid this situation, or, make it easier for…

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17 Apr

Financial Support During Pregnancy & After The Birth

Who Pays for Pregnancy Costs? What happens if you are pregnant and the father is longer willing to raise the child or provide financial assistance? Is the father still liable to pay relevant costs? Essentially, the answer is yes. The biological father of a child is liable to financially support…

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10 Apr

How To Remove The Executor Of Your Estate

HELP! I've Got An Executor Dispute: Can I Remove an Executor to a Will? It is not uncommon for clients to raise they are frustrated with how the executor is administrating a deceased person’s estate. These complaints typically arise from beneficiaries to a Will, being the category of person who…

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03 Apr

The Stress Of Preparing For A Family Report

It is inevitable that if parents who institute proceedings in the family court involving their children, will if the parenting issues relating to the children are not resolved, be required to attend a conference and consult with initially a family consultant attached to the court, and if the matter proceeds…

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18 Mar

Why Is My Family Law Matter Taking So Long?

Merging Family Courts and Early Senate Reports The current structure of the Family Court and Federal Circuit have led to systematic backlogs of cases, with Judges required to hear a multitude of matters on a single day. This has led many parties who have proceedings before the Court to be…

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05 Mar

Who Would Kobe Bryant’s Billions Go To If He Lived In Queensland Australia, And Died Without A Will?

If Kobe Bryant was an Australian, resided in Queensland, and died without a valid Will (“intestate”) the laws of Queensland would decide how his vast estate would be divided. Because he had a wife and children it would work like this; His spouse would receive the first $150,000 of his…

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26 Feb

Family Law Property Valuation Roulette

Property Valuation in Family Law Proceedings Commonly when two parties separate or divorce, the family home (also referred to as the matrimonial home) is typically the most valuable asset. As with most separations, one party moves out of the matrimonial home following the break down of the relationship, leaving questions…

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25 Feb

What’s Fair In Love & Law?

Determining issues at law When the Court makes a determination on property issues it takes into account the provisions of the Family Law Act 1975 and in particular the approach for the determination of an application under section 79 of the Family Law Act.  The principles are well established by…

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