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Australia Legalises Same-Sex Marriage. How will it affect the Family Law?

Equal marriage rights_SameSex marriage_Australia

Before 2017 waned off, Australia voted a ‘Yes' to legalising same-sex marriage with 61.6%. 15th November 2017 saw most of the Australians affirming the same-sex couple's equal right to marriage as do a heterosexual couple.On 7th December 2017, the legislation to legalise same-sex marriage was passed and received royal assent from the Governor General the next day. From 9th December 2017, same-sex marriages are legal in Australia.With that now a history, family law bill goes through an amendment to incorporate the changes to the definition of marriage as in Marriage Act 1961 – from " Union of a man and...

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When does a binding financial agreement become void?

Binding Financial Agreement_ Australia

Recently the High Court of Australia ruled a Binding Financial Agreement (BFA) ‘grossly unreasonable' and kept aside the flawed agreement stating it cannot be legally enforceable.  You may visit our article on finance and property settlement for more clarity on the legal aspects of such arrangements.There are some legal prerequisites to a binding financial agreement, as mentioned below:Both the parties should have had access to independent legal advice on the terms of the financial agreement. Both the parties must have been well informed and understood the implications of the agreement in the event of their separation and enforcement of...

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Why do you need a Prenup?

Prenup_Australia

There is no absolute answer whether or not you should have a prenuptial agreement. Mostly, it depends on the couple's personal and financial circumstances, understanding, preferences, stage in life, commitments and any other reason that requires an arrangement made before the wedding. Let's not get into right or wrong debate! From a family lawyer's perspective, it is just a cautious step to safeguard one's interest.Not everyone needs a prenup agreement either. If it is not your first marriage, and have kids from a previous marriage or de facto relationship, you may want to safeguard their interests by making enough financial...

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International Surrogacy and Legal Aspects

Commercial surrogacy is not recognised as legal in Australia. There are other countries where commercial surrogacy is legal. And sometimes Australian couple, opt for such surrogacy method for starting a family.International surrogacy is a complex web of legal issues such as parental responsibility, citizenship, immigration etc. A family lawyer who specialises in international surrogacy should be consulted for understanding what measures to be taken in your circumstance and legal procedures.Victorian Assisted Reproductive Treatment Authority (VARTA) has listed some important guidelines to intending parents who are thinking of having a child by international surrogacy arrangement.Get fertility assessment done before deciding...

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International Family Laws And Child Custody: How Can You Get HELP in Australia

International family laws are complex web of legal issues that govern the family separation of international citizens. International families are increasing with people from various countries are coming together to form a family or living together. The separating couple have a tough time understanding which country’s laws apply to them and how will the separation works out till the end.Property Settlement in International Divorce CasesFor example, in Germany the jurisdiction does not consider the assets owned by the partners before marriage for property settlement during divorce. Interestingly, in UK, the pre-nup financial agreements don’t hold much importance and the property...

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What is Child Dispute Services?

Child Dispute Services come under purview of Family Court of Australia. These centres provide expert advice and assessments to the judges of the Family Court and Federal Court of Australia on family matters, child and parenting arrangements for the cases that are in the court for hearing.There are 80 internal family consultants and several external consultants in every state, except WA.Who are these Family consultants AND What do they DO?Family Consultants are expert psychologists and /or social workers who have extensive knowledge and exposure to family and child issues affected by family separation.Family Consultants;Mediate and help parties to resolve...

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Why Collaborative Approach is Gaining Popularity?

Collaborative Law at the core emphasizes on empowering the parties by facilitating skilled negotiations and settling the crucial matters in family separation like child custody, parental arrangements, financial arrangements, out of court.Both parties and the collaborating team consent in writing to settle the matter without court involvement. If the collaborative approach fails, that is quite unlikely, you would have to hire different family law attorneys; as the collaborative lawyers, will not represent your case in the court.The collaborative law revolves around the idea of reaching a settlement in a humane way focusing on emotional and financial safety and security of...

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Breach of Parenting Orders: What are your options?

Don’t confuse Parenting Plans with Parenting Orders. Parenting plans are not legally enforceable just because they are agreed upon by both the parties involving children. To make parenting plans enforceable, you should get Consent Orders from the Court.The court gives Parenting Orders, directing the parties involved to carry out the parenting arrangement as ruled by the court.The transition of lives post-divorce is quite a challenge and it would be easy for all the concerned if the parenting plans / parenting orders are complied with. However, in some cases, parenting orders are breached leading to chaos in the child care arrangements.So,...

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Travelling Abroad with Child post Separation? Know these Things

Court authorization is required in many instances where the child is travelling abroad, such as;  to get an Australian passport of the child if either of the parent / authorized person does not sign the form or to stop the child to be taken out of Australia.If the child is already taken out of Australia without your permission, you should immediately contact Commonwealth’s Attorney-General’s Office on 1800 100 480 / www.ag.gov.auPrima facie, the application should be filed in Federal Circuit Court first; IF you don’t have parenting case pending in Family Court. If you have parenting case currently in Family...

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Federal Circuit Court / Family Court – What’s the Difference?

Federal Circuit Court and Family Court both hear the family dispute cases in Australia under Family Law Act 1975. However, there are some differences in their scope of operation, that are important for you to know to understand which court to apply for. Federal Circuit Court1.       Handles simple family law dispute cases2.       Other than family disputes, it also takes up cases pertaining administrative laws, human rights disputes and general federal law.3.       Court proceedings are less formal with proceedings.4.       Economical charges5.       Faster case closures6.       The Federal Circuit Court, if finds the family dispute complex; can transfer the same to Family Court. Family Law...

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