Blog
Category: Binding Financial Agreements
Can I secretly record my ex for family law proceedings?
If your communications with the other side start to get messy or out of control, sometimes there is panic and people can be tempted to covertly and secretly record conversations. It’s important to know that there are legal limitations as to whether those recordings can or will be considered in Court and whether they were legally taken at all.
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Can I claim more after finalising property settlement?
When a property settlement has been finalised after separation, the parties’ financial relationship ends on a full and final basis. However, there are some instances where the Court may set aside a property settlement in order to re-assess and possibly vary the outcome.
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Are verbal agreements binding in family law matters?
At the time of separation, parties can often “reach agreement” verbally on a number of family law issues. But what if one party changes their mind as time passes? Is that original verbal agreement binding or should it be formalised?
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Divorce is only one part of finalising separation from your partner
To finalise separation from your partner, there are a number of issues that should be considered and addressed over and above obtaining a Divorce Order (if you were married) or simply moving on with your life if you were in a de facto relationship.
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Can I Sign a Financial Agreement Shortly Before Getting Married?
Financial Agreements signed on the “way to the church” run the risk of the financially weaker spouse arguing at a later date they were pressured into signing the financial agreement, or else the wedding would not proceed. The agreement would then be subsequently declared invalid.
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Legal costs in Family Law proceedings
Proceedings in the Family Court, whether for children and parenting matters or financial matters, are stressful for all parties involved without considering the added burden of legal costs. As a family lawyer, a question commonly asked by clients is, “Can the Family Court make the other party pay my legal costs if I’m successful?”
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What is a financial agreement (a prenuptial)?
A financial agreement, colloquially referred to as a “prenuptial agreement” (and even more colloquially, a prenup) or Binding Financial Agreement, is a written agreement between parties to a marriage or a de facto relationship. including same-sex couples.
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What is duty of disclosure in family law?
When a marriage or de facto relationship ends and a property settlement is required, the parties are required by the Family Law Rules to provide full and frank disclosure about their financial circumstances. This is referred to as your duty of disclosure.
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