Category Family Law
Family Law And The Reality Of Ignored Children’s Voices
Today’s ABC News report on our family law system – Social and gender biases have bled into family law and child protection systems, family violence expert says – struck a deep chord with me. It laid bare what so many…
Federal Circuit and Family Court of Australia (“FCFCOA”)
On 1 September 2021, Australia’s federal court system amalgamated into the Federal Circuit Court and Family Court of Australia (“FCFCOA”) under the Federal Circuit and Family Court of Australia Act 2021. Previously, the federal court system operated through two separate…
Binding Financial Agreements – what am I actually signing?
Binding Financial Agreements (“BFA”) are often colloquially referred to as a ‘pre-nup’ or ‘pre-nuptial agreement’. Simply put, a BFA enables married or de facto couples to enter into a legally binding contract that clearly sets out how their financial affairs…
Tough new domestic violence laws
In Australia, domestic violence is a major health and welfare issue. However, we often fail to comprehend the depravity and extent of domestic violence as we often revert to the safety of “out of sight, out of mind’. To truly…
My ex-partner is not returning our child: What do I do?
If your ex-partner is not returning your child or not disclosing their whereabouts, despite your parenting arrangement, you should consider seeking a Recovery Order. If you’ve found yourself in this situation, please consider the following. Is the child in immediate…
CGT and Family Law Settlements
As detailed in our previous article, the consequences of Capital Gains Tax (CGT) can be significant. As the interaction of CGT and family law settlements can be complex, the following issues should be considered in detail. NOTE: any CGT asset…
Can your Will be contested?
A Will is a written declaration of how property is to be distributed upon the maker’s death, but can your Will be contested? Lawyers prepare Wills in accordance with strigent guidelines and procedures. Surely this means that your testamentary intentions…
Protecting children who are under 18: Advice from a lawyer
Chances are you’re a great parent providing everything your children need from day to day, so you’re probably confident you’re doing all you can in protecting your children who are under 18 years of age. But have you given them everything…
Marital Breakdown: Let us be your voice of clarity
Marital breakdown or the end of a de facto relationship can be emotionally demanding and legally intimidating. But with Mildwaters Byrth Lawyers & Conveyancers, you’ll have a voice of clarity and experience on your side. Marital breakdown: Where to start?…
Divorce and property settlement: Is everything just divided in half?
You may have heard the old wives’ tale that if you get divorced, both parties get half each in the property settlement. You may be pleased (or otherwise) to know that things aren’t quite as simple as that and that…
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