News

The short answer is no – the Family Court will not grant a divorce where you and your ex-partner have been separated for less than 12 months. The long answer is a bit more complicated. While you may have to wait 12 months to apply for divorce, you don’t have to wait that long to…

There are a range of options available to separated parents seeking to formalise arrangements concerning their children. Figuring out which option is best for you begins with understanding the differences between them.   Parenting Plans Parenting Orders Consent Orders Does it need to be in writing? Y Y Y Is joint agreement required? Y N…

The Family Law Amendment (WA De Facto Superannuation Splitting & Bankruptcy) Bill 2019 was introduced to the House of Representatives on 27 November 2019. If this bill is successful, de facto couples in Western Australia will be able to split their superannuation as part of a property settlement, bringing WA in line with the rest…

What you need to know about breaching and complying with parenting orders Parenting orders are legally binding and carry serious legal consequences for breach. Where the Court finds that a party has breached (‘contravened’) parenting orders, they may order: Payment of the other party’s legal costs Attendance at a parenting course Payment of a fine…

Popular culture is rife with references to the infamous prenup agreement. But is a prenup a good idea, and are they available in Australia? Prenups in Australia The equivalent of a prenuptial agreement in Australia is a Binding Financial Agreement (BFA). You can enter a BFA before, during or after a marriage or de facto…

Irish Courts could be given the power to change parentage in surrogacy cases. Please click here for the full Irish Times article by Paul Cullen.

Whilst the WA bill has a 3rd reading on the Legislative Assembly this week, the legislation is bogged down in the Legislative Council and progress is unlikely until 2020. Please click here to see the bill and its progress.