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 …
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 …
Do I pay transfer (stamp) duty to transfer my property after a separation or divorce? Read More »
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 …
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 …
Transfer Duty (formerly Stamp Duty) Exemptions and Family Law Read More »
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 …
The Family Law Inquiry: What is it and why should you care? Read More »
In 2015 a Domestic Violence Disclosure Scheme was introduced in New South Wales. This scheme was based on a scheme introduced in the United Kingdom known as “Clare’s Law. The scheme is based on the high rate of recidivism in domestic violence offenders. The objective of the scheme is to allow people to be aware …
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 …
Could Social Media Could Effect The Outcome Of My Case? Read More »
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 …
Australian Law Reform Commission (ALRC) – Recommendations for Family Law System Read More »
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? …
Should a parent have overnight time with young children? Read More »
International Surrogacy has once again been put in the media spotlight, after recent events, such as the arrest of multiple women in Cambodia on the charge of human trafficking and a recent expose on the burgeoning surrogacy industry in the Ukraine. The Surrogacy Act 2010 (NSW) sets out that surrogacy in New South Wales is …
