Berry Blog
Separated couples are often able to reach an agreement about how they wish to divide their assets.
Some hints on how to keep your legal fees down
We want to get the best result for you – net of legal costs. Taking a pragmatic approach can minimise your costs. Here are a few hints aimed at getting
The legal impact of same-sex marriage under Australian law
In December 2017, Australia became the 26th country to legalise same-sex marriage. The legalisation of same-sex marriage in Australia followed a highly-publicised and ultimately successful postal survey of the Australian
Financial Agreements – recent High Court case provides important guidance
In Australia, married and de facto couples are able to enter into Financial Agreements about the division of their finances:- 1. Before they marry or start living together as a
Family Violence & Cyber Stalking – What you need to know
There are three different Acts that need to be considered in relation to family violence and cyber stalking. The Family Law Act defines family violence as “violent, threatening or other
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 hearing an Application for
Support for Separated Families
Separation is a time of many changes and it is important to seek support if you need it. However, navigating the maze of services available to separated families can be
Which Court is right for your family law case?
The Family Court of Australia (FCoA) and the Federal Circuit Court of Australia (FCC) both hear family law cases. Both Courts apply the Family Law Act. Both Courts have Judges with
Say NO to Family Violence
2016 is going to be a year of transformation and development for victims of family violence. Family Violence is the most prevalent form of violence in Victoria. While both men
Changes to child protection law
On Tuesday 2 September, 2014 the Victorian Parliament passed legislation in relation to children and young people in out-of-home care. These changes will come into effect on 1 March, 2016.
Financial Agreements
What is a Financial Agreement? A Financial Agreement is a private contract between two people, whether they be married or de facto partners, including same sex partners. If a Financial
Discovery and Disclosure
There is an obligation upon family law property litigants to disclose to their opponent all documents which are relevant to an issue between them. This obligation arises both in the
Children and Overseas Travel
Apart from exceptional circumstances any parent wishing to take their child overseas should obtain the other parent’s consent. If there is a Parenting Order in place or there are pending
Am I in a de facto relationship?
In Australia, de facto couples have essentially the same legal rights in relation to parenting and property matters as married couples do. Many clients believe they must be living with
Social media and family law proceedings
Today most households have access to the internet and also use social media such as Facebook, Twitter, YouTube and Instagram. Some people will use the internet to discuss how they
What will happen to my Superannuation if I separate?
Superannuation may represent a significant portion of your assets. It is there to fund a more comfortable retirement for you. Its treatment on any breakdown of your relationship should be
The Lawyer’s 6th sense – When to fight, when to settle
In a speech recently delivered to members of the legal profession, retired Family Court Justice Linda Dessau spoke openly about her experience as a Judge and why she believed costly
Family Dispute Resolution (FDR)
The law requires parties who have a dispute about children to make a genuine effort to resolve the issue through the Family Dispute Resolution process before commencing court proceedings. If
“I signed an Agreement years ago when I moved in with my de facto partner. Is it still binding?”
Section 87 of the Commonwealth Law relates to agreements made by parties prior to the commencement of the amendments to the Family Law Act in 2009. Section 87 (1) reads
De facto relationships and Family Law
On 1 March 2009 a new section was added to the Family Law Act 1975 which applies to de factos separating after that date. People living in such relationships have exactly the
Bankruptcy and Family Law
Bankruptcy lawyers and family lawyers deal primarily with two different and distinct pieces of legislation. Bankruptcy lawyers deal with the Bankruptcy Act 1966 (“BA”), while family lawyers refer to the Family Law Act 1975