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Guide to superannuation splitting by binding financial agreement
Did you know that superannuation can be split without obtaining a court order, by using a financial agreement instead. You may not need to split your super following separation, but if you do, it can be split in one of two ways: Using sealed court orders, or sealed consent orders…
Top 30 Questions Australians Ask About Divorce
These are the top 30 questions Australians ask about divorce: What are the grounds for divorce in Australia?In Australia, the only ground for divorce is the irretrievable breakdown of the marriage, evidenced by a 12-month separation. How do I file for divorce?You can file for divorce using the Federal Circuit…
What are the Pros and Cons of a Prenuptial Agreement?
A prenuptial agreement, also known as a binding financial agreement (BFA), is a legal document that outlines how a couple’s assets and finances will be divided in the event of separation or divorce. In Australia, prenuptial agreements are recognized by law and can be a useful tool for protecting each…
How to Deal with Parental Alienation
What is parental alienation? Parental alienation is a serious issue that can arise in family law cases when one parent attempts to undermine or interfere with the relationship between the other parent and their children. This can have significant and long-lasting negative effects on the children, the targeted parent, and…
What is a “Reasonable Excuse” for a breach of Parenting Orders?
A breach of parenting orders is considered a very serious contravention in the Federal Circuit and Family Court of Australia (FCFCOA). The objects of the family law and its underlying principles are to ensure that a parent who is entitled to spend time with their child ought to be able to…
Successful Appeal Against Final Property Settlement Orders
In the matter of Candle & Falkner [2021] FedCFamC1A 102, Jano Family Law were successful in an appeal made by the husband against final property orders in a hig- net-worth family law property litigation matter. The grounds of appeal set out by the husband challenged the primary judge’s: treatment of…
Divorce Property Settlement – The Biggest Mistakes People Make
Divorce property settlement is one thing you want to avoid making mistakes in. Family law property disputes are absolutely critical to your financial well-being and future. I have been a lawyer since 2005 and over the years I have seen how some people managed to make a mess of their …
Successful Enforcement of Judgement Award
In Falkner & Candle [2021] FedCFamC1F 66, Jano Family Law enforced payment of a family law judgement award of $604,168 where the wife sought a partial stay of property settlement orders requiring her to pay money to the husband. When the wife defaulted in her obligation to pay the judgement…