The decision to meet with a family lawyer may not be an easy one and it may seem daunting or confronting. People often come to us feeling dejected, powerless, or overwhelmed. You may feel the same way, and you may even worry that seeing a lawyer will make things worse and be very expensive. These are all understandable concerns. At FGD the primary focus of the initial meeting with our client is to try understanding what concerns/goals they have and to formulate a strategy to meet those. We have a ‘no surprises policy about our costs and will discuss those with you prior to doing any work. The ..read more

Long awaited changes to surrogacy laws in the ACT have been proposed today. The Parentage (Surrogacy) Amendment Bill 2023 was introduced to the Legislative Assembly this morning. In summary, some of the proposed changes include: Mandated legal advice, counselling, a written agreement before conception; Traditional surrogacy will be permitted (meaning the surrogate can use her own ovum to conceive, in line with other states); Single persons will be able to enter into surrogacy arrangements; The transfer of the embryo procedure to the surrogate will no longer need to occur in the ACT; It will ..read more

Going through a separation from your partner or spouse can be the most stressful and difficult time in a person’s life. We are here to make it as easy as possible by helping you along the way and ensuring that the arrangements for your children are appropriate and your financial future is secure. Here is our guide as family lawyers to avoiding some of the biggest and most common mistakes that we see: Seek advice from a specialised family lawyer- early! We spend a lot of time fixing messes that could have been avoided if the party sought legal advice early on. Ideally, we suggest that people s ..read more

In Australia, Binding Financial Agreements (colloquially known as pre nups) are becoming more common, particularly for people who are in a second relationship or second marriage, and including for the LGBTIQ+ community. However, these agreements are not like the pre nup you see depicted in TV shows and movies Unlike what you might see on the small screen, a Binding Financial Agreement in Australia won’t include clauses which say that if you cheat you get nothing (ie White Lotus) or have provisions saying you get more money if you have a boy as opposed to a girl (ie Sex and the City). The type ..read more

The Court has announced new fees effective from 1 July 2023, and as family lawyers have come to expect, there have been increases to the fees across the board. The following table outlines some of the difference in fees pre and post 1 July 2023: ITEM PRE 1 July 2023 NEW FEES FROM 1 JULY 2023 Application for divorce $990 $1,060 Application for divorce – reduced fee^ $330 $350 Application for consent orders $180 $195 Application for decree as to nullity $1,405 $1,505 Application for decree as to nullity – reduced fee^ $465 $500 Application as to validity of Marriage, Divorce Annu ..read more

When a relationship breaks down, dividing up property between you and your ex-partner can be a difficult and confusing task. This task can be made even more confusing when you consider contributions which occur after separation. Finalising your property matter can take time and your circumstances will not always be the same as when you separated. We regularly get questions from clients along the lines of: Are assets I acquire after the relationship relevant? Is property which I purchase after separation quarantined? In this post we explore some of the relevant factors which go into an asses ..read more

What is a breach? A breach (or contravention) of a parenting order occurs when a party to an Order: intentionally fails to comply with the order; or makes no reasonable attempt to comply with the order; or intentionally prevents someone else from complying with the order; or helps someone else from complying with the order. What do I do if I think someone has breached the orders? If you think someone is breaching parenting orders, the best first step is to politely raise the issue with them. The ‘breach’ could be a simple miscommunication or misunderstanding. If it is a recurring issue, anot ..read more

To put it mildly, separating from a partner is a daunting concept. It puts a full stop on life as you know it and can feel like free falling into an unknown future. There are many things to consider and initially, the questions outweigh the answers. Where will I live? Will I be happier? How will I tell the children? What will this mean for them? Will I be able to afford this? What will life look like? What will my family/friends think? Does this make me “A failure”? It is no wonder a person may contemplate this decision for weeks, months, years before taking action. The experience of separa ..read more

It’s been nearly one year since the launch of our LGBTIQ Legal Service and we have been overwhelmed by the support we have received both from the legal community and our clients. Through this service we have been able to assist and engage with members of the LGBTIQ community and create a space where they can feel comfortable to share their experiences around separation, family violence and children’s issues. At the core of improving the experiences of LGBTIQ people in the family law space is representation. We are proud to have our service led by Daniel Magnussen who is a strong advocate for ..read more

Are you: ‘Out at sea’ in your separation process? Feeling alone in your thoughts and your feelings? Confronted by your ex’s words and behaviours? Wishing you knew what to say to the kids? Struggling to find the right professional who focuses on understanding the uniqueness and complexity of your separation in order to assist you to find tailored solutions to your problems? At FGD, we care about YOU, not just your legal needs. We are proud to do things differently. That’s why we have pioneered a unique role – but essential in our view – in a law firm. Meet our inhouse Child and Family Spec ..read more