Szabo & Associates News & Updates

While the recent introduction of same sex marriage legislation has led to many couples being able to plan their long-awaited weddings, for one couple the new provisions are a cause for celebration for an entirely different reason – they are now able to legally end their marriage. 

The number of children being adopted in Australia appears to be on the rise after experiencing a long-term downward trend. 

Background

A prenuptial agreement (“prenup”) is a form of Binding Financial Agreement (BFA) setting out how the assets and liabilities would be divided if a relationship, marriage or de facto, breaks down. They can be made before or during the relationship and normally avoid the Family Court from becoming involved if the relationship falters.

Background

Wrongful birth is a term used by the courts for a claim by the parents of a child where the child is born as a result of negligent treatment or advice. The expression is misleading in that it is the negligent act or omission of the medical practitioner that is wrongful and not the birth. The two main broad categories of such a claim are: failed sterilisation/vasectomy; and failure to warn about a specific disability. Damages may be paid for the physical and emotional pain of pregnancy but when it comes to compensation for the cost of bringing up a healthy child, it depends on the common law jurisdiction. In England, for example, following decisions in the House of Lords, no compensation is payable, which is in contrast to parts of Australia. However, an unusual case in England has led to calls for a review of the law there. The case involves possibly the first wrongful birth claim founded on breach of contract by an IVF clinic rather than clinical negligence.

In what has been described as a ‘landmark’ judgment, the High Court has ruled that a pre-nuptial agreement and similarly worded post-nuptial agreement should both be set aside.