Case Note: Fredrick v Fredrick (2019) FLC 93 Fredrick v Fredrick (2019) FLC 93 (‘Fredrick’) is a recent appeal case to the Full Family Court of Australia regarding a dispute over whether a Binding Financial Agreement (‘pre-nup Agreement’) could be set aside. In this case, Mr and Mrs Fredrick entered into a pre-nup Agreement in … Read more
Separation is a difficult time for all people involved. Here at Corney & Lind Lawyers, we have found some resources that can be quite helpful to separating couples. Apps Name Price What it does Talking Parents Free Provides co-parenting communication tools, including a platform for messaging (which is unalterable and easy to export if necessary … Read more
On 21 February 2019 the Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Act 2019 (“the Act”) became law. The Act amended the definition section of the Criminal Code (“the Code”), and added a new section 223. Together, the amendments criminalise the distribution – or the threat of distribution – of an intimate image or … Read more
Typically, child support is only payable until the relevant child becomes a legal adult. That is, the day the child officially turns 18, any child support agreement becomes void. However, there are two main exceptions to this rule found under section 66L of the Family Law Act 1975 (Cth) (‘the Act’), where child support can … Read more
Despite the prevalence of domestic violence in Australian families, community attitudes still seem to be ‘out of step’ with the facts. As a first step to helping someone who is in an abusive relationship, it’s important to know how the law defines domestic violence. In Queensland, this primarily means looking at the Domestic and Family … Read more
When partners separate, one of the most painful issues is how to divide the assets and liabilities accumulated before, during and after the end of the relationship. Adding to the complexity are questions around what you have to disclose to the other party about your financial position. The Obligation The Family Law Rules 2004 and … Read more
The separation of parents can often be a difficult time, particularly when it involves one parent wishing to take a child overseas. During the parental dispute, a risk may arise that one parent may take the child overseas without the other parent’s consent with the intention of not returning the child . Fortunately, you can … Read more
Lessons From Massons v Parsons The High Court of Australia has recently ruled on appeal a sperm donor to be the legal father of an 11-year-old child after he was actively involved in her life. The case with the pseudonym of Massons v Parsons [2019] HCA 21 involved a 49-year-old man who agreed to donate … Read more
Property Settlement Special Circumstances The third step in the four-step process that the Court generally applies to property settlements is to determine whether there are any special circumstances that require adjustment to the property settlement amount. These adjustments are usually based on each parties’ future needs. This step follows after the initial two steps of … Read more
It seems obvious to most people when dealing with parenting matters – the best interests of the child trumps everything else . However, most parents are surprised to learn that they do not have rights under the Family Law Act 1975, only responsibilities. The Act sets out the rights of children in circumstances of family … Read more
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