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The Twelve Days of Family Law: A Holiday Guide from your Family Lawyer
Ah, the holiday season! A time when we dream of “Silent Night”—but let’s face it, for many families, it’s more like “Jingle Bells, Jingle Bells, chaos all the way!” If you’re navigating separation, the holidays can feel like a never-ending bittersweet ballad.
Groom unconscionable for threatening bride “sign the pre-nup or no wedding”
A husband who pressured his soon-to-be wife into signing a Financial Agreement (also known colloquially as a “pre-nuptial agreement” or “BFA”) has had the Agreement set aside by the Family Court on the basis that his behaviour was “unconscionable”.
Is spousal maintenance ever really final?
Parties to an application for spousal maintenance in Perth / Western Australia need to take note of this. In 2019, the Federal Circuit Court of Australia made a finding in the matter of Blevins & Blevins [2019] FCCA 1923 that leave was not necessary to make an Application for spousal maintenance, and considered it was appropriate to [...]
A guide to using social media in family law disputes
Written by Alex Mondia and Amy Baltzer. Social media is intertwined with our daily lives. When going through a separation or divorce, it can be a convenient tool for staying in touch, seeking support from, or updating loved ones. However, it is essential to exercise caution when using social media during this tumultuous time as [...]
A guide to financial separation in Australia
When a marriage or de-facto relationship comes to an end, one of the most significant challenges couples face is untangling their shared finances. Financial separation by way of property settlement allows both parties to establish their individual financial identities and protect their assets. In Australia, this process is governed by a set of legal procedures [...]
Understanding Section 79: A comprehensive guide to property division in Australia
When it comes to separating or divorcing in Australia, the division of property can at times be a complicated and emotionally charged process. Section 79 of the Family Law Act 1975 provides a framework to ensure a fair and equitable division of property between separating or divorced couples. Scope and power of section 79 Section [...]
Understanding Binding Financial Agreements: A guide for couples
Navigating the complexities of a relationship breakdown can be emotionally and financially challenging. Binding Financial Agreements, also known as pre-nuptial, post-nuptial, or separation agreements and sometimes referred to as spouse loan agreements, offer married or de facto couples a way to plan for the potential division of assets and financial support in the event of [...]
Moving a new partner into the matrimonial home
Going through a divorce can be an emotionally turbulent time, and the decision to move a new partner into the matrimonial home before a divorce is finalised can add another layer of complexity. While this personal choice is understandable and it can be a common occurrence, it's crucial to be aware of the potential legal [...]
Can my ex claim money from my new partner?
After a separation or divorce, one key question that often arises is whether an ex-spouse can make claims over the finances or assets of a new partner you've entered into a relationship with. While it may seem unfair, there are certain legal avenues that could potentially allow this under the Family Law Act 1975 or [...]
Safely retrieving your belongings: police escort and legal considerations
Amid the turmoil of a separation, divorce, or leaving a shared living situation, retrieving personal belongings can add an extra layer of complexity and potential conflict. In Western Australia, the legal system provides provisions and protocols to ensure this process is safe and lawful, including the option to request a police escort for belongings collection. [...]