Family Law

Can the Court listen to the children’s wishes?

Parenting matters before the Family Court of Australia or Federal Circuit Court of Australia are organically complex as they deal with what is arguably the most important part of someone’s life, their family and children. It is therefore an understandable impulse to want the Court to listen and understand what the children want and feel …

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Contravention of Parenting Proceedings

What rights do parents have when the other parent has not complied with Orders of the Family Court of Australia or Federal Circuit Court of Australia in relation to parenting Orders? Generally speaking, the NSW Police are unable to deal with complaints of Orders being contravened and this can cause difficulty with parents attempting to …

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Inheritance received after separation in Family Law Property

When the Court determines family law property settlements, they are required to consider all aspects of a parties’ financial circumstances. The Full Court has held “all of the property held by both of the parties or either of them can be subject of orders, regardless of when particular assets were acquired.” The case quoted above …

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Separating? Separated? Divorced? Time to think about estate planning!

It can be extremely stressful when you separate from a spouse or partner that you have been with for several years. There are many things that you may need to consider actioning. What is useful to do in stressful times like this is to draft up a list of urgent and non-urgent things to do. …

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Parental Alienation- Family Law

Parental Alienation is a common issue in family parenting disputes, broadly speaking is refers to one parent attempting to block the other parent from the child, or in more severe circumstances turn the child against the other parent. It was first termed in the United States as Parental Alienation Syndrome in 1980 by a child …

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Family Law Separation Checklist

When separating from your partner the to do list can be overwhelming, let alone the emotional stress of restructuring your life. Below we have provided a practical checklist of things that often need to be addressed as part of the separation, some of them may seem straight forward but during the stressful time it can …

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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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Family Law and COVID-19

The impact of COVID-19 and the restrictions imposed on people by the Federal and State Governments has had an impact on how the Family Law System operates. Operation of Family Court and Federal Circuit Courts The Family Court and Federal Circuit Court continue to operate and conduct business. All Court attendances, unless otherwise notified by …

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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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