All publications relating to ‘Family Law’
Are Prenups the height of romance? Rethinking Binding Financial Agreements
When people think about ‘romance’, they tend to imagine things like candlelight, flowers, oysters, champagne. Well, contrary to popular belief, I believe that Binding Financial Agreements should be bumped up the list. Whilst the ‘branding’ of BFA’s may need a little marketing rework, they are, at their core, a deeply loving and romantic document…
Are We; Aren’t We? Determining whether a De Facto relationship exists
As society and our views about modern relationships change, we have seen fewer people rushing to the alter, with many happy to tackle life side by side as De Facto partners. Whilst for married couples there is little difficulty proving the existence of a marriage (with the help of a Marriage Certificate)…
Compliance with Children’s Orders
Any orders made by the Federal Circuit and Family Court of Australia (FCFCOA) should be followed unless an agreement is reached with the other parent to vary or amend the Order. It is important that both parties understand what is required by them under the Orders, which includes taking all…
Use of Audio and Video Recordings in Family Law cases
It’s no secret that we are glued to our smartphones. Thanks to technological advancements, we have a ‘one stop shop’ device at our fingertips, which includes access to audio and video recordings. For many years, Family Lawyers have been presented with secret recordings taken by clients in the hopes that the…
Pause before you Post – How social media can impact your Family Law matter
Irrespective of your feelings about social media – it is here to stay. In today’s social media world ‚it seems that there is so little that we truly keep private. We’ve never been more connected or had a wider platform to share each of our intimate thoughts however, whilst some of…
Swaab 2022 Lawyer Interview Series | Nicole Pozovsky
Why did you become a lawyer? I became a Family Lawyer (specifically, as I knew very early on that this was the area I wanted to specialise in) because I feel really strongly that it’s a privilege to help people navigate the most intimate, painful and stressful ‘dispute’ of their lives. I believe that it’s so important…
Covid-19 Vaccinations for children – What happens if you and the other parent cannot agree?
As NSW hits the 70% vaccination mark and we get closer to returning to the life we knew before the outbreak of COVID-19, one particular issue continues to rear its head in parenting disputes. As it presently stands, the Australian Government has “strongly encouraged” everyone aged 12 years and older to get…
Who is responsible for paying expenses after separation?
Needless to say, separation is a stressful time where you and your former partner are both adjusting to a ‘new normal’. Navigating the ‘new normal’ can be challenging, particularly when it comes to making arrangements for the payment of expenses. One question we often hear is “who is responsible for paying…
Why Family Law duty of disclosure is now a very serious business
Parties involved in Family Law proceedings have a new reason to think very carefully about what information they must disclose to the other party, and when. From 1 September 2021 there are much harsher penalties for parties who fail to meet the Court standard for disclosing “information relevant to an issue in the…
Family Law | Draft law puts the spotlight on super
Superannuation is in the Family Law spotlight with the announcement of a new information-sharing proposal involving the Australian Tax Office (ATO). New Federal Government legislation, if passed, will allow a party to Family Court proceedings to apply to the Court for access to ATO information about a former partner’s superannuation interests. It would…