Family Law and Divorce

A Binding Financial Agreement is an agreement that sets out parties’ intention relating to their assets, liabilities and or properties, including superannuation. It can be entered into before, during or after a relationship and can be entered into by married, de facto or same-sex couples.

However, the Agreement is only binding where various requirements are met:-

• The Agreement is signed by each party;
• Prior to signing the Agreement, each party obtained independent legal advice on the effects of the Agreement on the rights and entitlements of the parties as well as the advantages and disadvantages of the Agreement;
• After signing the Agreement, each party must have been provided with a signed statement from their lawyer confirming receipt of the legal advice;
• The statement of legal advice for each party is exchanged between parties;
• The Agreement has not been terminated or set aside by a Court.

It is important to note that an Agreement, even if binding, can still be set aside by a Court in circumstances such as where:-

• The Agreement was obtained by fraud;
• The Agreement was made pursuant to the wrong section of the Family Law Act 1975;
• Certificate of Legal Advice was not signed by an Australian legal practitioner.
• The Agreement was obtained by duress such that the person was not operating on their own free will when entering into the Agreement;
• Where a party fails to disclose assets in the Agreement;
• Where there has been a change in circumstances since the Agreement was entered into that make it impractical to comply all or part of the Agreement;
• Where there has been a material change in circumstances relating to the care of a child of the marriage since making the Agreement and as a result of the change, it would result in hardship for the child or a party if the Agreement is not set aside.

Eve Legal can assist you in deciding if a Binding Financial Agreement is necessary or suitable for you. Get in touch with us today.

A parenting order is a formal legal agreement between parties that set out the child’s arrangements. It can be ordered by the Court or be granted following an amicable application by both parties (known as a Consent Order).

A parenting order covers parenting arrangements for children such as the parental responsibilities for the child, where and who the child is to live with, how much time the child spends with each parent, how the child will communicate with each parent, the child’s travel arrangements and the child’s financial, education and health support.

On the other hand, a property order sets out how the parties’ assets, income, financial resources and debts ought to be shared or divided. If parties can agree on property arrangements, a Consent Order can also be applied for by parties.

Should however parties cannot agree, then deciding on how the assets are split can get complicated. It is important that you obtain legal advice to ascertain where you stand and know what you are entitled to.

Eve Legal can provide legal advice on your rights and entitlements to ensure a fair outcome is reached. Our team is here to help you reach an agreement on property or parenting matters, whether it is simple or complex matter.

Intervention Orders are orders that prohibit certain behaviour or actions and are made to protect a person from another. There are two types of intervention orders:-

• Personal Safety Intervention Orders; and
• Family Violence Intervention Orders.

A Personal Safety Intervention Order is made against a person who is not a family member (for example, a neighbour, work colleague, customer). In making this order, the Court is concerned whether “prohibited behaviour” has been committed and whether such behaviour will continue. “Prohibited behaviour” includes assault, sexual assault, harassment, property damage, threats and stalking.

On the other hand, a Family Violence Intervention Order is made against a family member who is perpetrating family violence or domestic violence. This violence can be perpetrated by partners, parents, siblings, children and extended family members and the type of violence involved can include physical abuse, sexual abuse, emotional abuse and financial abuse.

To obtain an Intervention Order or if you have been served with a notice to appear for an Intervention Order matter, it is advisable for you to obtain legal advice.

You should contact our office today to speak with our team to discuss your legal rights and options.

Child support or maintenance refers to the financial support made by one parent to the other parent for the child. Child Maintenance or Child Support Agreement is an agreement where separated parents amicably and privately agree on the financial support to be given to the child and this covers the child’s living expenses like food, clothing, accommodation, medical expenses and school fees.

Child support typically ceases once the child attains the age of eighteen. However, in certain instances, it can continue on if the child requires support after attaining the age of eighteen, for example where the child suffers from a disability or has special needs or other health issues.

Parties can enter into a Binding Child Support Agreement or Limited Child Support Agreement.

Our lawyers can provide you with legal advice and assist you with choosing, drafting and or reviewing your child support agreement.

Superannuation is considered “property” after a couple separates. However, it is different in that it does not become cash. It is held in trust and is subject to superannuation laws, which apply to both married and de facto couples.

To split superannuation, you must first obtain valuation information of the superannuation.

There are three ways in which superannuation can be split after a divorce or separation:-

• Via a Binding Financial Agreement;
• Via a Consent Order from the Family Court; or
• Via a Court Order.

It is important to note that if you are seeking a Court Order to split superannuation, you must inform the trustee of the relevant superannuation fund of this intention.

After the Court makes an order for superannuation splitting, the trustee must then be provided with a sealed copy of the superannuation splitting order.

Dealing with these issues can be daunting, and a professional lawyer can help alleviate your concerns. Request a callback from our friendly legal staff for personalised advice suited to your circumstances.