Berry Blog
Separated couples are often able to reach an agreement about how they wish to divide their assets.
Separation & Divorce: Understanding the key differences
Separation and divorce are pivotal stages in the dissolution of a relationship, and whilst the terms are often used interchangeably in everyday language, they hold distinct legal meanings under Australian
ESSSuper and Family Law Property Settlements
When navigating a property settlement following a separation or divorce, one of the more complex issues to address can be superannuation—especially when one party has entitlements under the Emergency Services
Financial Agreements for second relationships
Blended families, where both partners have children and assets from prior relationships, face unique challenges. Each party typically wishes to preserve their individual assets to pass them on to their
Grey Divorce: Understanding the Rise and the Importance of Legal Advice
Divorce is never easy, but when it happens later in life, it comes with unique emotional, financial, and legal challenges. The term “grey divorce” refers to the growing trend of
Parenting arrangements under Australian Family Law
Amongst the many uncertainties and challenges that families face when separating, one of the most daunting prospects is what happens when there is disagreement as to future parenting arrangements for
You don’t have to go to Court
When you separate from your spouse or partner, the thought that you will need to fight them in Court and devote your time, emotion and money to that fight might
Property Settlement in Family Law
When couples separate, whether married or de facto, they usually need to divide their assets between them. This is known as a family law property settlement. The term property is
Changes in Family Law from May 2024
From 6 May 2024 the law determining how a Court makes parenting orders has changed. While many parents can reach agreement on parenting arrangements for their children when their relationship
Asset Valuations in Property Law Settlements
You may have read recent media reports concerning former AFL star Nathan Buckley having to sell his vast collection of football memorabilia amassed during his playing career, including his 2003
Relocation
After separation it is not uncommon for a parent to want to relocate with the children, whether to another suburb, interstate or even overseas. If you wish to relocate with
6 ways to keep your separation amicable
The separation process is the target of much commentary and many people consider it to be long, expensive and difficult for couples to navigate. One difficulty is where a person
Congratulations to Radu Catrina
Radu became a member of the Berry Family Law team in early 2019. This year he met the criteria for and then applied to the Law Institute of Victoria to
Custody arrangements for children
Clients often ask for legal advice about “custody” arrangements for children. However, under the Family Law Act 1975 (Cth), the concept of “custody” no longer exists. Instead, when deciding parenting
Covid-19 and binding child support agreements
What is a binding child support agreement? A Binding Child Support Agreement is a written agreement between parents or carers as to the payment of child support for a child.
Covid-19 and Separation
Across Australia, State and Territory Governments have put in place various restrictions as a result of Covid-19. These restrictions can make the difficult process of separating even more complex. Usually,
The Family Courts and Covid-19 (Coronavirus)
The Family Law Courts (encompassing both the Family Court of Australia and the Federal Circuit Court of Australia) have adopted a number of practices to ensure that the Courts can
Top Ten Guide for Parents during Covid19
The pressures and stresses associated with COVID can be difficult and may provoke anxiety. These suggestions may help. Stay healthy Model best practice habits for your children to minimise the
Separation mistakes that can cost you money
Separation costs money. There are also mistakes that cost people lots of money and which should be avoided. Posting on social media This one is the quickest way to annoy
Ticking Time Limits
Separation from a mid or long term relationship can be daunting. For most people it might be the most stressful thing which has ever occurred in their life. An easy
Costs in Family Law
Pursuant to s 117 of the Family Law Act 1975, each party to proceedings in family law shall bear their own costs. This is in contrast to other types of
Separation & Inheritances
Two of the most traumatic experiences in a person’s life include divorce and the death of their parents. Both events occurring in a short timeframe must be even more difficult.
How do you determine what a Property Settlement should be?
Contrary to urban myths there is no presumption that property should be divided 50/50, 60/40 or in any arbitrary proportion. The Family Law Act sets out the factors which must
Asset Protection – Financial Agreements (pre nuptial agreements and cohabitation agreements)
When you buy a new home you don’t expect it to burn down but you know this is a risk. So you take out insurance to protect yourself – just
Social media and family law proceedings
Today most households have access to the internet and use social media such as Facebook Twitter, YouTube, Instagram or participate in online forums. Many members of the public will use
A dozen things to do if you have just separated
Contact your bank or financial institution by facsimile or email to stop joint funds from being removed or liabilities increased. Check your Will to see if it is still appropriate.
The Family Courts and Covid-19 (Coronavirus)
The Family Law Courts (encompassing both the Family Court of Australia and the Federal Circuit Court of Australia) have adopted a number of practices to ensure that the Courts can
Coronavirus and Family Law (COVID – 19)
The Coronavirus has already had a massive impact upon day-to-day life in Australia. It has also led to much uncertainty for people navigating separation and post-separation parenting arrangements and financial
A message from our Managing Partner James Turnbull
As COVID-19 continues to develop, we extend our thoughts to those affected by the virus, and our gratitude for the healthcare professionals and others who are helping our community through
Do you really need a Financial Agreement after separation?
Separated couples are often able to reach an agreement about how they wish to divide their assets. In most circumstances, it is in the interest of each party to formalise