Search results

Hi there perhaps it is time to get back to the topic. I hope Windsor you are still thinking of using a binding financial agreement. In my opinion you have come up against one of the lawyer's who shows a reluctance to use them to full advantage. Given that you have a child from a previous...

HI again Windsor I suppose I should get off your case - but you remind me a bit of my brother who boldly stated that children wouldn't change his life - needless to say - they did. It is not that easy to work from home with young children around - I do know - having worked on and off from home...

Hi there Windsor I think you are failing to consider that Mum's with kids at home are contributing. If they weren't there to look after your children, you would have to pay for a nanny or family day care etc. If they weren't looking after your children, you may have to be at home to look...

Hi there Wylie hopefully Windsor will get some good advice from the legal practitioner he is seeing - but I do know that even the stay at home Mum's role is valued by the court and is considered when the assets are divided. I actually can't see the point in people spending so much money...

Hi Wylie your contributions do matter and are taken into consideration by a court. If a housekeeper, bookkeeper, taxi driver etc had to be employed to do the work you do - imagine how much out of pocket your family would be. Once again I am making comments concerning the agreements I have...

Hi again Windsor once again I would like to put your comments in context. As far as I am aware there are probably 4 main decisions on binding financial agreements that have got to a court hearing - the agreements are out there but because of the jurisdiction issue - you will likely not hear...

Hi Miz you are quite right that you can have a binding financial agreement at various stages of a relationship - as I said I more recently costed a matter which started out to be a separation then split of property - but when the parties got back together - they did enter into a financial...

FAMILY LAW ACT 1975 - SECT 85A Ante-nuptial and post-nuptial settlements (1) The court may, in proceedings under this Act, make such order as the court considers just and equitable with respect to the application, for the benefit of all or any of the parties to, and the...

yes that is the general gist of the two types of documents - but once again if both parties have agreed to the consent orders - the courts are unlikely to interfere

Hi there a binding financial agreement will not ordinarily be reviewed by the courts at all. The legislation embodies the rules surrounding them (the agreements) - and once parties have agreed to distribute their property in a certain way - the courts don't have jurisdiction to upset them...

Hi there just putting this in context - very few firms are going to have their agreements tested in a court. Remember that the ability to use the agreements have been available since 2000. One of the first decisions where a faulty agreement was looked at was in 2006 (as it takes some years to...

Hi there thrash pre nups have been legally binding since 2000 - provided you comply with all the formalities - they are called binding financial agreements because normally the Family Court can't upset them. If you do get a document prepared - in conjunction with your trusts - there is a...

Hi there this is one area you need to speak with an accredited specialist about as they would be up to speed with the latest decisions affecting the area. My understanding is that property involved with a discretionary trust is not normally something disclosed in the financial agreements...

Hi there Windsor I am both a legal practitioner and a legal costs consultant. I am often involved at the end of litigation matters where one party has to pay the other parties costs. If they cannot agree on the legal costs to be paid - they will often get someone like me involved - who...

HI there I haven't done the pre-nup agreements recently but it is possible to get one around the $1000 mark - that requires a consultation with the solicitor in the first instance - the preparation of the document and then having the document considered by both parties independent solicitors to...