In Australia, it’s not uncommon for parents to lend money to their adult children to help them purchase property. With skyrocketing house prices and a fiercely competitive real estate market, many first-home buyers rely on the “Bank of Mum and Dad” to secure their first step onto the property ladder. While such arrangements often come […]
What is coercive control? While physical and verbal aggression are commonly recognised signs of domestic abuse, coercive control is an often-hidden form of abuse which can be just as harmful. New legislation has recently come into effect in NSW which categorises coercive control as a criminal offence. Coercive control encompasses a spectrum of calculated strategies
A binding financial agreement or BFA (also known as a ‘prenup’ or ‘prenuptial agreement’ in the US) is a contract held between a couple in a married or de facto relationship that typically defines the rights of each party over shared assets. Usually, a BFA outlines the rights that each party acquires upon marriage or
Why Are So Many Aussie Couples Seeking BFAs in 2024? Read More »
Legalisation of same-sex marriage Same-sex marriage has been legal in Australia since December 2017, following a national postal survey in which the majority of Australians voted in favour of same-sex couples having the right to marry. The legalisation of same-sex marriage brought with it a host of legal rights and protections that afford couples equality
Navigating Love and Legalities: Same-Sex Marriage and Divorce in Australia Read More »
During property settlements in divorce proceedings, the Family Court or the Federal Court can make an order that a debt accumulated by one party be transferred to the other. This makes the recipient responsible for paying the respective creditor. Until recently, such orders were limited to debts incurred towards private lenders such as banks. In
The nation’s ageing population as well as the increase in the number of family breakdowns has led to the consideration of the legal rights of grandparents, especially in terms of the parenting relationship between grandparents and their grandchildren. This topic has been widely discussed following the 2006 amendments to the Family Law Act 1975 (Cth)
Grandparents and their rights to parent children Read More »
You and your former partner have shared a life together. This may mean that together you have: shared assets and liabilities, such as property, savings accounts, credit cards and mortgages; made financial contributions towards the relationship, such as wages and salary or business profits; and made non-financial contributions, such as caring for children and homemaking
Property Settlements in the Family Court of Australia Read More »
Introduction We are an LGBTI law firm but we service all communities. The purpose of this post is to let the LGBTI community know that not only can gays and lesbians now get married, but we can also get divorced. Because of international marriages and civil unions, as well as life documents such as Wills
Gay divorce in the age of marriage equality: is it easy? Read More »
Wills Wills are generally invalidated upon marriage Section 12(1) of the Succession Act 2006 (NSW) states that ‘a will is revoked by the marriage of a testator.’ That section applies unless the will has been drafted in contemplation of marriage to your significant other. If you are planning to get married as soon as legally
THORN & KENNEDY [2017] HCA 49 As the saying goes, ‘you don’t want to spill ink on your wedding dress’. On 8 November 2017, the High Court of Australia handed down a landmark decision clarifying the meaning of “unconscionable conduct” and “undue influence” with regard to “prenups” and “postnups” (formally known as Financial Agreements under the Family Law Act 1975 (Cth)).
