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Consent Orders or Financial Agreement – What do I choose?
Autumn is a time of change, shedding the old for the new. For newly separated families, the symbolism is apt. By Autumn, newly separated couples have navigated through the Summer holidays and Christmas season, and started back at work. For the first time, they have had to figure out how...
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Children And Overseas Travel After Separation Or Divorce
It is not uncommon for parents to want to take their children on holidays overseas. Obviously, such holidays provide an opportunity for a child to be exposed to a different culture and a different way of life but most importantly, an opportunity to spend quality time together and have fun! During a relationship, arranging overseas travel is generally an exciting and uncomplicated issue. However, when parents have separated it can become extremely complicated and stressful.
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Tax Risks in Family Law Settlements – Exemptions from Stamp duty and Capital Gains Tax (CGT)
Family Law property orders can attract exemptions from stamp duty, Capital Gains Tax (CGT), and other taxes and duties, provided they are carefully drafted, satisfy the relevant taxation laws, and importantly, are strictly complied with. Failing to comply with the precise terms of the Family Law orders can result in...
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Rainbow Families and Diverse Parenting Structures – Best Interests of the Child (Martine & Carmona [2024])
Recently I saw numerous headlines pop up in my news feed about a new parenting case. Some headlines included "Birth mum loses to Sperm donor in landmark custody case", and "Sperm donor wins custody of child over birth mother in landmark case".
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Pre-nup or Pre-yup? Things to Think About if You Are Considering Getting a Binding Financial Agreement or “Pre-nup”
Binding Financial Agreements (colloquially known as “pre-nups”) have historically been used by older people who are entering into second or subsequent relationships and want to protect their wealth. They are becoming increasingly more common among younger people- particularly where one or both parties to a relationship have been gifted or...
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Prenuptial Agreement Lawyers in Sydney, Melbourne and Canberra – What is a Financial Agreement (pre nup), and why do I need one?
In Australia, Binding Financial Agreements (BFAs), colloquially known as prenups, are becoming more common, particularly for people who are in a second de facto relationship or marriage and those receiving gifts from their parents to purchase a first home. Couples are far more likely to see eye-to-eye at the start...
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LGBTQ Domestic Violence Awareness Day
Today, 28 May, is LGBTQ Domestic Violence Awareness Day. This is an initiative run by the LGBTQ Domestic Violence Awareness Foundation which is a national advocacy group in this space. Since earlier this year I have been assisting their board of directors as the ACT Coordinator. FGD was proud to host a morning tea to reflect on this day and show our support to the cause.
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What to Expect and How to Prepare for Your First Meeting With a Family Lawyer
The decision to meet with a family lawyer may not be an easy one and it may seem daunting or confronting. People often come to us feeling dejected, powerless, or overwhelmed. You may feel the same way, and you may even worry that seeing a lawyer will make things worse and be very expensive.
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Proposed Changes to Surrogacy Laws in the ACT Coming Soon
Long awaited changes to surrogacy laws in the ACT have been proposed today. The Parentage (Surrogacy) Amendment Bill 2023 was introduced to the Legislative Assembly this morning.
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Common Mistakes People Make in Family Law Matters
Going through a separation from your partner or spouse can be the most stressful and difficult time in a person's life. We are here to make it as easy as possible by helping you along the way and ensuring that the arrangements for your children are appropriate and your financial future is secure.
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New Family Court Fees and Costs From 1 July 2023
The Court has announced new fees effective from 1 July 2023, and as family lawyers have come to expect, there have been increases to the fees across the board. The following table outlines some of the difference in fees pre and post 1 July 2023:
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What are the Consequences if Someone Breaches a Parenting Order?
What is a breach? A breach (or contravention) of a parenting order occurs when a party to an Order: intentionally fails to comply with the order; or makes no reasonable attempt to comply with the order; or intentionally prevents someone else from complying with the order; or helps someone else...
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