Federal Circuit and Family Court of Australia (“FCFCOA”)

Federal Circuit and Family Court of Australia - Photo by Scott Graham on Unsplash

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 courts – The Family Court of Australia and the Federal Circuit Court of Australia. The […]

Binding Financial Agreements – what am I actually signing?

Binding Financial Agreements – what am I actually signing? Photo by Kelly Sikkema on Unsplash

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 will be dealt with, in the event that their relationship breaks down. Without a BFA, […]

Tough new domestic violence laws

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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 appreciate the severity of domestic violence, we must note the following: On average, one woman […]

My ex-partner is not returning our child: What do I do?

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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 danger? If your child is in danger, you should contact the police immediately. Please note […]

CGT and Family Law Settlements

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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 acquired before 20 September 1985 will automatically be exempt. The Family Home Where the marriage […]

Can your Will be contested?

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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 will be honoured and your property distributed as per your wishes. Not necessarily. The Inheritance […]

Protecting children who are under 18: Advice from a lawyer

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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 they need from a legal point of view? Here are some of the things that […]

Marital Breakdown: Let us be your voice of clarity

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Marital breakdown or the end of a de facto relationship can be emotionally demanding and legally intimidating. But with Mildwaters Lawyers, you’ll have a voice of clarity and experience on your side. Marital breakdown: Where to start? The issues that face you when separating fall into 3 categories which are: Divorce Children Property Divorce If […]

Divorce and property settlement: Is everything just divided in half?

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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 there are many reasons why one of the parties can end up with more of […]