Yes, a consent order is legally binding in Australia. It is a written agreement approved by a court, typically used in family law matters such as the division of property or arrangements regarding children after a separation. Once the court approves a consent order, it has the same legal effect as a court order made …
Australian family law emphasises ‘parental responsibility’, which pertains to all duties, powers, responsibilities, and authority parents have concerning their children. After separation, both parents retain this responsibility unless a court order states otherwise. Ideally, both parents should agree on major decisions, including relocating or travelling interstate with the child. Steps to Take If a Separated …
Can a Separated Parent Take a Child Out of State (NSW) Read More »
In Australia, divorcing couples often face the daunting task of dividing their assets and liabilities. One common scenario is the 80-20 divorce settlement, where one party receives 80% of the marital assets while the other receives 20%. An 80/20 split divorce property settlement typically occurs when there’s a significant disparity in the spouses’ financial contributions …
Grievous bodily harm (GBH) stands as one of the most serious assault charges in Australian law. It refers to severe physical injuries inflicted upon a person, significantly impacting the victim’s health or comfort. These injuries are of such a nature that they result in severe, long-term, or permanent damage. Due to the profound implications for …
Grievous Bodily Harm: Penalties and Defence Options Read More »
Navigating the complexities of separation can be daunting, especially when it involves the division of financial assets and liabilities. A financial separation agreement is a crucial legal document that outlines how a separating couple intend to divide their financial resources. This agreement provides a precise, legally binding framework that helps both parties avoid the emotional …
What is a Financial Separation Agreement and Its Importance Read More »
A Binding Financial Agreement (BFA) in Australia is a legal contract between two partners, either married or in a de facto relationship, which outlines how their assets, finances, and debts will be divided if their relationship ends. BFAs can be established before, during, or after a relationship. For a BFA to be legally binding, each …
What is a Binding Financial Agreement in Australia? Read More »
In the landscape of Australian family law, few cases have sparked as much debate and discussion as Thorne v Kennedy. This case, which reached the High Court of Australia, centred around the validity and enforceability of prenuptial and postnuptial agreements. It has since become a pivotal reference point for legal professionals, prenup lawyers and individuals …
