Family Law

What are the requirements for creating an enforceable financial agreement?

In order for a financial agreement to become binding and enforceable, there are a number of formal requirements that must be met. The agreement must:

• be in writing and signed by all parti...

What will the Family Law Court consider as a reasonable excuse if a person has contravened a parenting order?

·

When does a maintenance order application have to be submitted by? And how does the Family Court determine whether a person should financially support their ex-spouse?

When applying for maintenance, a party who is seeking the order must do so within 12 months after the finalisation of the divorce for a married couple, or within two years of the ending of a de fac...

I want to make an application for a parenting order: what are the requirements?

The Family Law Act requires a person wishing to make an application for a parenting order, must gain a certificate from an accredited family dispute resolution practitioner if it is a new applicati...

What is international parental child abduction

International parental child abduction may take place in situations of family a break down, where one parent has sought or obtained a parenting order from the Court. At present, it is unlawful for ...

How do I enforce a maintenance order?

If you wish to enforce a maintenance order, you can do so either through the Child Support Agency (CSA) or via the enforcement provisions under the Family Law Act.

Maintenance thro...

What are the basic principles that apply when making a parenting order?

The first step is for the court to apply a presumption that it is in the best interests of a child for each parent to have equal shared parental responsibility. This general presumption does not ap...

What other conditions are placed on intended parents under the NSW Surrogacy Act 2010?

Clauses 24 to 36 do impose further conditions to the granting of a parentage order.

• The parties are obliged under the Act to obtain counselling and legal advice. They mustensure that ...

Does my husband have to pay for private school fees with his child support payments?

I have two school aged children and I am separated from my husband. The children live with me, and my husband pays child support under a child support assessment from the Child Support Agen...

What options are avalable to me if my partner chooses not to disclose their assets during divorce proceedings?

My husband and I are involved in property proceedings in the Family Court. My husband has just filed for bankruptcy, but I know that he has money and assets that he has not disclosed. This ...