Commercial leases and management agreements
Definition A commercial lease is an agreement between a lessor and a lessee to occupy or use a facility for a purpose related to business. The lessee will have exclusive rights to the property for a fixed period. A commercial lease agreement imposes significant obligations on all parties. Therefore, proper due diligence, understanding terms, conditions, […]
International Family Law – Child Abduction
In most cases, International child abduction occurs where one parent or guardian from a country other than Australia, following the breakdown of a relationship, forcefully takes their children to their country of origin in breach of a Court order or the consent of the other party. International child abduction carries significant consequences for the abductor […]
De Facto Relationships
Due to the significant difference in the legal effect of marriages compared to de facto relationships, it is critical to be properly informed about the legal implications of any non-married close personal relationship. Definition A de facto relationship in most definitions include a relationship between: Under current law, individuals leaving an unsuccessful de facto relationship […]
Financial Agreements and Prenuptial Agreements
Since one in three marriages are likely to end in divorce, pre-nuptial agreements are used to prevent disputes and add complete certainty. Definition Financial agreements are agreements that couples enter into to specify how their property will be distributed should the relationship end. Agreements entered into before or during the relationship are commonly referred to […]
Mediation
Mediation is an alternative to litigation which can help parties reach a quick resolution. This alternative is becoming a popular option amongst parties who seek to save time and money. Mediation will allow for negotiation, facilitated by the cooperation of parties and their legal representatives. A mediation or settlement conference is a meeting where parties […]
Consent Orders
Consent orders give binding force to agreements between couples. When a full agreement is reached about issues or property settlement, the agreement can be recorded in a written document signed by both parties. The agreement is then presented to the Family Court of Australia and made into a set of consent orders. These agreements are […]
Spousal Maintenance
A marriage breakdown can come with serious financial consequences. Careful consideration should be made for discussions pertaining to mortgage, rent and bills. In cases where one party lacks the financial capacity to meet their needs, spousal maintenance is crucial to ensure a reasonable quality of life. Payments from one spouse to another can alleviate the […]
Child Support
The Child Support scheme covers the majority of children in separated families in Australia. The support payments for children in separated families are commonly agreed upon by each party, or, where this is not the case, assessed and monitored by the Child Support Agency instead of the Courts. The sum differs from case to case. […]
Parenting Arrangements
Children’s living arrangements are as vital as they are complicated. Under Family Law, the best interests of the child are the most important consideration. When considering parenting arrangements after the breakdown of a relationship, the Court must also consider the child’s well-being and the value of living with the parent by considering aspects such as […]
Divorce
Divorce is the official legal ending of a marriage. There are several difficulties that can arise during the divorce process. These include concerns surrounding divorce applications, requirements for divorce orders and divorces that involve children under the age of 18. Divorce applications You need to file an Application for Divorce if you want to apply […]
