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Binding Child Support Agreement set aside due to change in care arrangements

Tag Archives | dispute settlement

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How does separation affect your kids?

How does Separation affect your Kids?? You may be surprised. Children are often forgotten in the circle of conflict that parents often find themselves in, the children witness and feel all the effects of your conflict. They love both parents not one over the other and will often say what you want to hear so […]

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Wife spends $137,421 of husbands superannuation payment without his knowledge

Court sets financial agreement aside where wife used funds which was husband’s “separate property” In Gregory [2014] FCCA 106 (24 January 2014, published June 2014) Judge Baumann considered whether a financial agreement should be set aside in the context of a wife who “without the knowledge or consent of the husband” obtained the husband’s superannuation […]

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Court overturns Financial Agreement signed 2 days before marriage

Court sets aside s 90B agreement where it was signed 2 days before the wedding – Duress, undue influence and unconscionable conduct established In the case of Parkes [2014] FCCA 102 (24 January 2014) Judge Phipps considered a s 90B financial agreement where the wife accepted “that all the relevant requirements under [Part VIIIA] were […]

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Spousal maintenance

Interim spousal maintenance – Applicant wife working part-time and caring for two children – Respondent had capacity to pay, where he had redrawn loan facility and controlled a trust – Capital of a trust not “sacrosanct” and can be applied to meet a spousal maintenance order In Noble [2014] FCCA 421 (7 March 2014) Judge […]

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