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Should we get Consent Orders or a Binding Financial Agreement?
When separating, couples often need to divide their property, superannuation and other financial resources. A property settlement can be formalised either through a consent order or a binding financial agreement (BFA). While these two options appear to be similar, they serve different purposes and have different legal implications. Consent Orders…
My ex has a new partner. Is that a “significant change in circumstances”?
In Australian family law, re-partnering can be considered a “significant change in circumstances” depending on the context, particularly in matters involving parenting arrangements or spousal maintenance. However, whether it qualifies as significant depends on the specific circumstances and how the re-partnering impacts the situation. Under the Family Law Act 1975…
What is the process to defend against an Apprehended Domestic Violence Order (ADVO)?
What is an Apprehended Violence Order or Apprehended Domestic Violence Order? In New South Wales (NSW), an “AVO” (Apprehended Violence Order) is a broader term encompassing two types: an “ADVO” (Apprehended Domestic Violence Order) for domestic relationships and an “APVO” (Apprehended Personal Violence Order) for situations where there is no domestic relationship. …
Understanding the Compliance and Readiness Hearing at the FCFCOA: What It Is and How to Prepare
At Jano Family Law, we understand that navigating the family law process can feel overwhelming, especially when court proceedings are involved. One key milestone in the Federal Circuit and Family Court of Australia (FCFCOA) case management pathway is the Compliance and Readiness Hearing. This hearing plays a critical role in…
Family Law: Should I appeal or make a section 79A application instead?
Under the Family Law Act 1975 (Cth) in Australia, a party to a family law proceeding may either appeal a final order or make a section 79A application to vary, set aside, or reverse a final property settlement order. The choice between these two options depends on the circumstances of…
Navigating Family Law Property Settlement in 2025 and Beyond
Separation is never easy. Beyond the emotional toll, one of the biggest challenges for Australian couples is figuring out how to divide their property and finances. In 2025, this process is set to evolve with significant updates to the Family Law Act 1975 (Cth) coming into effect on 10 June…
Independent Legal Advice for Binding Financial Agreements
When it comes to protecting your financial interests during a marriage, de facto relationship, or separation, a Binding Financial Agreement (BFA) can be a powerful tool. Often referred to as a “prenup” or “postnup,” a BFA allows couples to set out how their property, assets, and financial responsibilities will be…
Successful Application for Review in the Family Court
An Application for Review is made to seek the review of an exercise of judicial powers by a Registrar. Such an application must be made within 21 days of the original decision. The filing of an Application for Review does not operate as a stay of the original order or decision, therefore it…