In Australia, a prenuptial agreement (also known as Binding Financial Agreement or simply, BFA) is a contract between partners that operates to determine how assets, liabilities and financial resources will be dealt with in the event of a separation. A BFA can be entered into during or even after a relationship but a ‘pre nup’ […] The post 5 things to know before getting a prenup appeared first on Family Law Resolutions ..read more

If you’re wondering whether your current partner could be considered your de facto spouse, then you may wish to keep on reading. In Australia, parties determined to be in a de facto relationship for the purposes of family law proceedings have the same rights and entitlements as married couples. Likewise, they have the same obligations, […] The post Am I in a de facto relationship for family law purposes? appeared first on Family Law Resolutions ..read more

After the breakdown of a family unit, one of the most important considerations will involve the ongoing care arrangements for the child or children. Amongst the many stressors of separation, having agreed terms and a clearly defined structure of parental responsibilities can be of great use.   There are a few different types of parental agreements; oral agreements, written parenting plans as well as a formal Court order, called consent orders. Unlike consent orders, creating a written parenting plan does not require parties to attend Court, often making them cost efficient. This, how ..read more

To apply for a Divorce in Australia, the Court must be satisfied that your marriage has broken down irretrievably and that there is no reasonable likelihood that you and your former spouse will resume the marriage. To demonstrate this, you must be separated from your former spouse for 12 months and one day before applying for a Divorce. An example of separation can be when the parties start living apart from each other. However, some couples remain living together in the same house whilst separated. This may occur for a number of reasons, including wanting to have both parties remain in the ho ..read more

Quick Summary You can use a Justice of the Peace, Commissioner for taking Affidavits, solicitor, or barrister to witness your affidavit. You should sign the bottom of each page in the presence of your witness, who will sign each page with you. You should then sign the last page in the presence of your witness, who will then sign and seal the document with their credentials. Be sure to take some ID with you to prove who you are to the witness. There may be options to electronically sign or use remote witnessing. Introduction When making an application to the Federal Circuit Court and Family C ..read more

If you are looking to apply for a Divorce in Australia, you must be separated from your spouse for at least 12 months and one day. Additionally, one or both of the parties must have a connection to Australia. A connection to Australia can be demonstrated through: Citizenship, Regarding Australia as home and intending to live in Australia indefinitely, or Residing in Australia for the 12 months immediately before filing for divorce. To learn more about if you are eligible to apply for a Divorce, you can take our quiz using the following link: Am I Eligible for Divorce in Australia? If you hav ..read more

Among the many changes which may be brought with the breakdown of a relationship, individuals adjusting to living on a single or significantly reduced income can be difficult. When a person has a tough time supporting themselves financially after the breakdown of a relationship, it’s common to question whether the other party has a duty to financially support them. So, what is spousal maintenance and when does it apply? First, let’s consider the ‘what is’ Spousal maintenance is financial support which is paid by one party of a relationship to the other, in circumstances where the receiving par ..read more

At Family Law Resolutions, we understand that family law matters are often difficult. Navigating through this challenging period of your life can cause emotional strain. Therefore, it is so important to look after yourself and your mental health during this time.   Some ways we recommend caring for your mental health include taking up a new hobby, going on a beach walk, practicing mindfulness through meditation, and reading more books.  However, everyone knows that one of the best ways to look after yourself is to enjoy a simple home-cooked baked treat.  Below is a delicio ..read more

To get a divorce in Australia, you must be separated from your former spouse for 1 year. During the period of separation, a lot of things can change. It is not uncommon for couples to lose contact with each other, especially when they do not have any children together. For example, you or your former spouse may move to a different state or different country, you may no longer have any mutual friends, or stop communicating with your ex-partner’s family. So, when you are ready to divorce you may find yourself with no contact details for your former spouse. The good news is that you can still app ..read more

Quick Summary You can now sign certain documents, such as affidavits and statutory declarations, with a qualified witness by videocall where you are unable to have them witnessed in person. You can also sign certain documents electronically where you are unable to sign by hand (i.e., where you don’t have access to a printer), simply by entering your full name into the signature block. If you are unable to have your documents properly witnessed by a qualified witness, the Court will accept documents for filing without such witnessing, but you’ll need to be available at a later date to swear or ..read more