Setting aside Final Parenting Orders

Setting aside Final Parenting Orders

Reopening final parenting Orders is challenging, as the Court is generally reluctant to do so unless a significant change in circumstances has occurred since the original Orders were made. The threshold test, established by the precedent case Rice v Asplund and now legislated in the Family Law Act 1975, requires the Court to be convinced that revisiting the case is in the best interests of the child. The Court carefully considers whether the changes justify altering the original Orders, and it’s advisable to seek legal advice if you’re unsure whether your situation meets the necessary criteria.

Setting aside Final Parenting Orders Read More »

Parenting Agreements: Exploring Your Options from Flexible to Court-Enforceable

Parenting Agreements: Exploring Your Options from Flexible to Court-Enforceable

Parenting agreements for separated parents range from flexible verbal agreements to enforceable Court Orders. Verbal agreements offer the most flexibility but require good communication between parents. Parenting Plans serve as a documented middle ground, providing structure without being legally binding, but can guide future Court decisions. Parenting Orders are the most formal and enforceable option, suitable for situations with significant communication challenges between parents.

Parenting Agreements: Exploring Your Options from Flexible to Court-Enforceable Read More »

When blended families break up: Step-parenting contributions in a property settlement

While the premise that a stepparent should receive an adjustment for their support of a non-biological child may seem unpalatable to some, the reality is that these are real contributions which cannot be ignored when assessing the respective contributions of parties to a relationship. In Robb & Robb [1994] FamCA 136; (1995) FLC 92-555, the

When blended families break up: Step-parenting contributions in a property settlement Read More »

I have no idea how much my partner has in superannuation, how can I find out?

With superannuation becoming an increasingly significant portion of many property pools, it is often the case that until a party has an idea of the balance of their partner’s superannuation interest they find themselves hamstrung when it comes to forward planning their separation. Fortunately, where a superannuation interest is: a superannuation fund within the meaning

I have no idea how much my partner has in superannuation, how can I find out? Read More »

The Court Pathway: What are the steps involved in getting to a final trial?

With the merging of the Federal Circuit Court of Australia and Family Court of Australia in 2021, the Court published a Central Practice Direction which set out the general pathway a matter should follow from start to finish. While the below offers great insight to parties wanting an idea of how their matter will unfold,

The Court Pathway: What are the steps involved in getting to a final trial? Read More »

PPP500 List: Priority Property Pools under $500,000

PPP550 List: Priority Property Pools under $550,000

The Priority Property Pools under $550,000 List (PPP550 List) is a cost-effective solution provided by the Federal Circuit and Family Court of Australia for property disputes involving assets under $550,000 (excluding superannuation). This program simplifies the legal process by requiring only an Initiating Application and a PPP550 Financial Summary document for filing, reduces costs, and promotes efficient resolution. Parties receive court-issued Orders to exchange financial information and engage in dispute resolution without immediate courtroom appearances. If disputes persist, court-funded mediation and expedited proceedings ensure timely progress. However, cases with certain characteristics, such as entities requiring valuations or those seeking parenting or enforcement Orders, may not qualify.

PPP550 List: Priority Property Pools under $550,000 Read More »

Is my ex entitled to my superannuation

Is My Ex Entitled To My Super?

Is superannuation included in a property pool? This is a common question in family law. The answer is yes. Superannuation is recognized as property under the Family Law Act 1975, which means it needs to be valued and included in the property pool for division. In some cases, parties may retain their individual superannuation interests. But when there are significant discrepancies in superannuation value, the party with a higher balance may need to give some of their superannuation to the other party via a ‘superannuation split.’ Get tailored legal advice to determine if a superannuation split is necessary for your individual matter.

Is My Ex Entitled To My Super? Read More »