The Legal Drafter

Yes, Consent Orders are legally binding when they have been approved by the Family Court of Australia/Family Court of Western Australia.  Consent Orders have the same legal effect as an order made after a court hearing. When you reach an…

It is unlikely they will be approved by the Family Court where you have completed an online DIY kit.  DIY kits do not provide 100s of different templates that will fit perfectly to the needs of your property settlement or…

You may be exempt from paying stamp duty on your property in certain circumstances where there is a breakdown of your relationship. Before you transfer property between yourself and your former spouse, apply to the Family Court of Australia for…

YES 1. The agreement is approved by the Family Court; 2. It has the same effect as a court order made by a judicial officer; 3. The terms must be followed as stated in the document; 4. It finalises the…

Q & A Do I have to make full disclosure of all my assets and liabilities? Yes you do! What is duty of disclosure? There are specific rules about full and frank disclosure in family law financial cases.  The rules…

What is a Consent Order in Family Law? A family law consent order is a written agreement that is approved by the Family Court of Australia. If you have reached an agreement with your former spouse and you want to…

Secretly recording your spouse’s conversation where there is family violence is an issue that has been discussed widely.  When family violence, child abuse and neglect takes place behind closed doors without any witnesses being present, it is very difficult to…

Same-sex marriages are now recognised in Australia as a result of the amendments to the Marriage Act 1961 (Cth).  Same-sex couples applying for a divorce through the Family Law registry can use the existing form “Application for Divorce” and make…

Where there is duress, undue influence or unconscionable conduct at the time of entering into a Binding Financial Agreement, the court will set aside the agreement. In the recent case of Thorne v Kennedy, the High Court of Australia set…