Family Law property orders can attract exemptions from stamp duty, Capital Gains Tax (CGT), and other taxes and duties, provided they are carefully drafted, satisfy the relevant taxation laws, and importantly, are strictly complied with. Failing to comply with the precise terms of the Family Law orders can result in ..read more

Recently I saw numerous headlines pop up in my news feed about a new parenting case. Some headlines included "Birth mum loses to Sperm donor in landmark custody case", and "Sperm donor wins custody of child over birth mother in landmark case ..read more

Binding Financial Agreements (colloquially known as “pre-nups”) have historically been used by older people who are entering into second or subsequent relationships and want to protect their wealth. They are becoming increasingly more common among younger people- particularly where one or both parties to a relationship have been gifted or ..read more

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