Category: Family Law
ABKJ Lawyers has provided legal advice and guidance to the Gold Coast community in matters of Family Law since the establishment of the firm in 1970. Below we have included some helpful articles discussing a number of common issues in Family Law and separation.
The deterioration of a loving relationship is usually a dreaded outcome for all those involved. In addition to the emotional toll it takes on a person, there is always the added stress of dividing up property and finances. Add on top of this a potential custodial battle for any children involved, and you have the recipe for a protracted and emotional legal battle. To prevent some of this heartache, a couple can enter into what is called a Binding Financial Agreement or BFA. Key Takeaways A Binding Financial Agreement can help couples set out how assets, liabilities and other financial… Continue Reading
There are many misconceptions about Family Law and, in particular, property settlements and child arrangements. The majority of the tales are sourced from online blogs or people who usually start the conversation with “take it from me, I know”. Key Takeaways Australian family law is a “no-fault” system, and outcomes focus on future needs and (for parenting) the child’s best interests. Property settlements depend on contributions and circumstances — not whose name an asset is in, who “earns the money”, or who is in possession of an asset. Many matters can be resolved without Court, and options exist to formalise… Continue Reading
Significant changes to Australia’s family law system will come into effect on 10 June 2025, impacting how property settlements are determined following separation. These updates introduce a requirement for courts to consider the economic impact of family violence, clarify the treatment of pets in property disputes, and reinforce the duty of financial disclosure. This article outlines the key changes and what they mean for individuals navigating family law property matters. Process For Determining Property Settlement When considering a property matter, the family law courts must: Identify all property and liabilities (debts) of the parties Assess each party’s contributions to the… Continue Reading
On 6 May 2024, certain sections of the Family Law Act 1975 (“the Family Law Act”) that govern parenting matters changed. These changes impact all parenting cases that are currently before the Federal Circuit and Family Court of Australia (“Court”) regardless of when the parenting case was started. Key Takeaways From 6 May 2024, changes to the Family Law Act governing parenting matters came into effect and apply to parenting cases currently before the Court, regardless of when they started. The former objects and principles in section 60B were repealed and replaced with simplified objects focused on ensuring children’s best… Continue Reading
On 6 May 2024, certain sections of the Family Law Act 1975 (“the Family Law Act”) that govern parenting matters changed. These changes will immediately affect all parenting cases that are currently before the Federal Circuit and Family Court of Australia (“Court”) regardless of when the parenting case was started. The Family Law Amendment Act 2023 substantially reforms aspects of the Family Law Act that relate to how parenting matters are determined. The major reforms include: The removal of the presumption of equal shared parental responsibility; The removal of the pathway for making orders about the time children spend with… Continue Reading
On 6 May 2024, certain sections of the Family Law Act 1975 (“the Family Law Act”) that govern parenting matters will change. These changes will affect parenting cases that are currently before the Federal Circuit and Family Court of Australia (“Court”) that are not finalised before that date. The amendments will also apply to all new applications before the Court regarding parenting matters that are issued after 6 May 2024. Key Takeaways From 6 May 2024, changes to the Family Law Act apply to parenting cases already before the Court if they were not finalised before that date, and also… Continue Reading
Can I Record My Ex?
Recording Conversations & Family Law Proceedings Understandably, circumstances may arise where you want to record a conversation with another person. You may wish to retain an accurate record of what was said or have something tangible to rely upon in the future that supports the existence of an issue or concern. The desire to rely upon a recorded conversation may seem particularly critical if you are involved in family law proceedings. However, while it may be tempting to record conversations with another person (typically an ex-partner or relevant third party) to use as evidence in family law proceedings, it is… Continue Reading
Which option is right for you? When a married or de facto couple separates, it is usually necessary to also conclude their financial relationship with one another. To do this, there are several options that may be adopted, for example: Do nothing Verbal / informal agreement Financial Agreement (private contractual agreement made between the parties) Consent Orders (made by agreement between the parties and approved by the Court) Court Orders (made by the Court in the absence of agreement between the parties – i.e., litigation) Many separated couples may not feel the need to formalise any agreement with regards to… Continue Reading
From sparkling beaches to tropical rainforests, outback adventures to exciting cities, the opportunities for travel within Australia are endless. Needless to say, pandemic-induced state border closures over the past two years have tended to make travel feel like a distant pastime. However, with the recent easing of Covid-related restrictions across many Australian states and territories, is it ok to seize the opportunity to travel with your child, without the knowledge or consent of the other parent? Before booking your next family holiday, it is important to consider the following.
Given the remote location of many Australian mines, including offshore oil and gas wells, Fly-In-Fly-Out (“FIFO”) employment is commonplace within the mining industry. There can be no question that FIFO employment impacts upon family relationships differently to more traditional employment. The effect of the FIFO lifestyle upon the mental health and wellbeing of the workers and their families can be considerable. In addition to the physical distance between the FIFO worker and their family, couples may feel emotionally isolated from one another and resentful of the responsibilities each feel they must undertake to sustain their family unit – physically, emotionally and… Continue Reading
