What happens when there is a marriage breakdown and grandparents are prevented from seeing their grandchildren? The Family Law Act recognises that children have a right to spend time with significant persons in their lives which include: both of their parents, regardless of whether the parents are living together or not step-parents siblings half-siblings step-siblings […]
In this sectionFamily law
De facto or just friends with benefits?
Unlike a marriage, which comes with a party and a certificate, de facto relationships often have no fanfare to announce their beginning. You probably assume that you have to share a house, or bedroom, before you will be in a de facto relationship. The reality is that sharing a common residence is not necessary before […]
Can My Step-Children Challenge My Will?
The rise in divorce rates and blended families has resulted in changes in family dynamics and has added complexity to the way in which people view their estate planning needs. In some circumstances, it has generated expectations on step-parents to make provision in their Will and in other circumstances, it has resulted in contested estate […]
Family Law Child Support: The Basics
Child support options available to you The type of child support arrangement you enter into will depend mainly on your financial circumstances, but also on how well both parties are able to negotiate the terms of child support. There are three child support options available: (a) Child Support Agreement Where both parties can agree on […]
Adoption of “Aboriginal Child” and the application of common sense
A recent decision of the NSW Court of Appeal of Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83 was an interesting navigation of a legal minefield to arrive at a sensible decision. The facts: Belinda was a teenage girl who was assumed into care when she was very young and […]
Separation and Parenting Orders: The Benefits of Mediation, Particularly Relating to Children
I’ve separated from my partner. Should I attend mediation regarding my children and how do I prepare for mediation? When parents separate, one of the key areas they need to consider is what arrangements should be put in place for the children. This can include time the children spend with each parent, where and how handover […]
Blended Families and the Unintended Consequences of Dying Without a Valid Will
Many people put off making a valid Will because they are too busy dealing with the mundane aspects of life or they think they are bulletproof. However, as we know, death can sneak up unexpectedly with sometimes devastating financial consequences, particularly in the case of blended families. A person who dies without a Will dies […]
Are Prenuptial Agreements Valid?
The short answer is “A properly drafted prenuptial agreement is valid”. Prenuptial agreements or financial agreements, as they are also referred to in Australia, are generally valid and married spouses or de facto spouses are free to enter them at any point in a relationship as a means of clarifying or resolving financial issues between […]
Four Things to Do To Ensure Your Affairs are in Order
COVID-19 has brought into focus the uncertainty that inherently exists in our world. We just don’t know what is around the next corner. This has caused many of us to consider whether our affairs are in order. Here are four things to do.. Have in place a valid, up to date, well drafted and properly considered […]
Trustees of Self-Managed Super Funds are Obliged to Exercise Their Discretion in Good Faith Upon Real and Genuine Consideration
The recent Court of Appeal case of Wareham v Marsella (2020) VSCA 92 was a timely reminder of the “good faith” obligations. These are the relevant facts. Helen Swanson set up a self-managed super fund for herself in 2003. The trustees of the fund were Helen Swanson and her daughter, Carol Wareham, a child from […]
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