Family Law

Binding Financial Agreements

TYPES OF BINDING FINANCIAL AGREEMENTS (BFAs) Under the Family Law Act 1975 (Cth) (Family Law Act), Binding Financial Agreements (BFA) are divided into several categories – those relating to marriages and those relating to de facto relationships. Marriage Section 90B: Part VIIIA agreement – before marriage; Section 90C: Part VIIIA agreement – during marriage; Section …

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Do I pay transfer (stamp) duty to transfer my property after a separation or divorce?

You may be exempt from paying transfer duty after a relationship break-up. To apply for the exemption, you must be able to provide to Revenue NSW a Court Order made under the Family Law Act 1975 or a termination agreement (commonly known as a Binding Financial Agreement). The exemption applies to both married couples and …

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Transfer Duty (formerly Stamp Duty) Exemptions and Family Law

Transfer duty is payable on property transactions in NSW. It is administered by Revenue NSW. Transfer duty is payable when you buy: Property Investment property Vacant land or farming property Commercial or industrial property; or A business, including land This is relevant in a family law property settlement, when one party seeks to retain the …

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The Family Law Inquiry: What is it and why should you care?

What is it? On 17 September 2019, Prime Minister Scott Morrison announced the Government will undertake a Joint Parliamentary Committee of both the House of Representatives and the Senate to conduct a wide-ranging inquiry into the Family Law system. The Inquiry will look at whether the current system, which is intended to support parents and …

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Could Social Media Could Effect The Outcome Of My Case?

It is now a social norm to post about your life and share your opinions and stories on social media platforms, particularly Facebook, Instagram and Twitter. Unfortunately, placing your life, private affairs and images in the public arena is risky business. The growing dominance of social media in society now means that the content posted …

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Australian Law Reform Commission (ALRC) – Recommendations for Family Law System

The ALRC commenced an inquiry into the Family Law system on 27 September 2017. The Final Report was delivered on 31 March 2019. The primary recommendations of the ALRC were: 1. Closing the Jurisdictional Gap. The most significant recommendation is to abolish the Federal Family Courts, being the Family Court of Australia and family law …

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Should a parent have overnight time with young children?

It is a common question in most Family Law matters, whether a child should spend overnight time with the non-resident parent. Studies have been conducted trying to address three important practical questions: At what age and in what circumstances, is it appropriate for infants and very young children to stay overnight with the non-resident parent? …

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