With the new year upon us, many new enquiries relate to parenting orders and whether these can be changed. Thankfully in the recent case of Searson & Searson [2017] FamCAFC 119 (5 July 2017) the Full Court (Murphy, Kent and Loughnan JJ) reviewed the current case law with respect to this.
The Full Court of the Family Court held in the 2017 decision of Re Kelvin that the Court’s sanction is no longer required for stage two treatment of Gender Dysphoria where the child is capable of giving Informed Consent or those with parental authority authorise the treatment.
Life, financially or otherwise, does not go into a state of animated suspension after separation and pending property settlement – parties’ financial circumstances constantly change and will be different at time of separation and when orders are made.
The short answer is that the new same sex marriage laws will have no significant impact on Australia’s family law system.
Marriage, Separation and Divorce have different effects on your estate.
Australia’s family law system faces an overhaul after the government unveiled an inquiry aimed at fixing what it believes is a dysfunctional method of dealing with family breakdown.
In a recent case heard by the Full Court of the Family Court, Chancellor & McCoy, a same sex couple who were in a de facto relationship for 27 years were not required to divide their property after separation. The Court found it was not “just and equitable” to make property settlement Orders. During the…
In the case of Masters v Cheyne the mother and father signed a Binding Child Support Agreement on 31 July 2008.
The parties were a female same sex couple who commenced a de facto relationship in 2004. The Respondent left the Appellant’s home on 21 March 2011. The Respondent was a frequent visitor to the Appellant’s home until August 2011 and the parties continued to have sexual relations and engage in social activities together until August…
A trust legally owns assets on behalf of the beneficiaries named in the trust deed. Sometimes these assets owned by the trust (usually a discretionary trust) are found to be property that is able to be divided after separation.