Family Legal Blog

What Are Parenting Plans?

In circumstances following the breakup of a relationship, couples may wish to enter into a Parenting Plan concerning the children rather than obtaining a Court Order. A Parenting Plan is an informal agreement made by the parents dealing with the care and well-being of the children. The plan is worked out and agreed jointly and […]

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Child Relocations: Know Your Rights

In Holzmann and Holzmann, a recent judgment was handed down by the Family Court concerning the relocation of children. The case involved a Darwin couple who married in 2008 and had two children during the marriage aged nine and five. The parties separated in 2013, then in 2016 the mother took the children interstate without […]

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What Happens To Superannuation In A Marriage Split

In circumstances of a breakdown of a relationship, superannuation, like other matrimonial assets, can be divided through an agreement or Court Order. This means that a Court can make orders to ‘split’ a superannuation interest belonging to one party for the benefit of the other. Laws relating splitting superannuation are complex; however, some of the […]

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Bankruptcy and the Impacts on Financial Agreements

A key issue facing couples when considering the alteration of property from a relationship breakdown is the impact that a potential bankruptcy will have on a Financial Agreement and the competing interests between the non-bankrupt party and those of a creditor or trustee. The key legislative amendments to the Family Law Act 1975 are as follows […]

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