Szabo & Associates News & Updates

Short marriage (or de facto relationship) is an expression used, in a family law context, for one which has lasted less than about five years. The Court will determine what property settlement will be “just and equitable” for each of the parties. Outcomes can be quite different compared to a long marriage.

Binding child support agreements are written arrangements between parents or carers about child support payments. They can only be made if the parties have received independent legal advice. Once agreed, they are not lightly altered or set aside. However, COVID-19 has had far-reaching impacts on many aspects of life. A recent case, involving an application to set aside a binding child support agreement, illustrates the potential impact of the current pandemic on such agreements.

Child support refers to the financial support available for children under the Child Support (Assessment) Act. The purpose of the support is to ensure the well-being of children is properly maintained when parents separate. Both parents are expected to pay depending on their individual circumstances. But what happens if one parent moves overseas? Are they still expected to pay child support?

In the recent case of Nagel & Clay (2020) FamCA 326, the Family Court had to decide whether to use its discretion to exclude certain digital recordings as evidence in a parenting dispute.

When separating parties are unable to come to an agreement on how to divide their property, they can apply to the court for a property settlement determination. The court will make an order on their behalf. In doing so, the court follows a five-step process to decide how to split the couple’s property fairly.