The decision to end a marriage begins with separation. Separation generally occurs where both parties agree the marriage is over, or elsewhere one party communicates to the other that the marriage is at an end. A clear indication separation has occurred is where couples start living in separate houses; however, couples can still be…
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What is a Pre-Nuptial Agreement? A prenuptial agreement, or prenup as they are commonly shortened to, is a legally binding financial agreement created before or during a marriage or start of de-facto relationship commences. In Australia, prenups are often referred to as Financial Agreements, Binding Financial Agreements, or BFAs. In theory, if the marriage or…
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Family Law litigation aims to determine how each party conducts itself lawfully after a family separation. This often has to go through the Federal Circuit Court (or Family Court for some more serious and complex cases) due to a breakdown in relationships, or a battle over custody, finances or assets. Before any party can commence…
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In December 2017, Australians voted Yes to same-sex marriage after 61.6% of close to 13 million respondents backed the proposal. New changes to immigration laws now allow same-sex partners to apply for partner visas. Just days following the legalisation of same-sex marriage in Australia, the federal government broadened the category of applicants for a partner visa…
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After a 30 year relationship, our client found herself kicked out of the family home, with little more than a suitcase of her belongings. While our client was eager to try and resolve the matter by agreement, the husband felt he was in the driver’s seat, comfortably living in the home, and was in…
Read MoreThe proportion of adults in de facto relationships has seen a steady increase in recent years. A de facto relationship is defined in the Family Law Act 1975 as a couple living together on a genuine domestic basis, many couples may not even realise their relationship has been given a label and how that label…
Read MoreThis is why it is important to formally finalise your financial relationship when your relationship is over… In a recent case, the Full Court of the Family Court of Australia (i.e., the appeal court) allowed a wife to pursue a property settlement some 18 years after she and her husband were divorced. Generally, if you…
Read MoreIn the modern world of love and relationships it’s not ‘official’ until it’s ‘Facebook official’. The change from ‘Single’ to ‘In a relationship’ heralds new found love to friends and family, attracting a flurry of activity on the social media platform. For many couples, their status remains ‘In a relationship’ unless they move to ‘Engaged’…
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