Szabo & Associates News & Updates

The short answer to the question is that there is no age at which a child can decide by themselves where they are going to live following a parents’ separation.

The Family Law Act 1975 allows the parties to a marriage or de facto relationship to enter a binding legal agreement about the financial arrangements should the relationship break down. Financial agreements can be executed at any time before, during or following the breakdown of a relationship. If made before marriage, the agreements are sometimes known colloquially as a prenuptial agreement or just prenup. These agreements are becoming increasingly popular and no longer just for celebrities or the mega rich intent on protecting their wealth in the event of a relationship breakdown.

A relationship breakdown can have significant financial consequences. For those with insufficient income to meet their needs, the rights of a spouse to maintenance can be critical.

A property settlement is an arrangement made for property division following the separation of a married or de facto couple. If the parties are unable to reach an agreement about how their property will be divided, it will be necessary to apply for a property settlement in Court.

If a child’s parents cannot agree on a change of surname, it may be necessary to apply to the Court to seek an order for the change. This may occur, for example, after a separation or remarriage.