A binding financial agreement ('BFA') is a type of contract between two people who are contemplating entering into a marriage, or are already in one, or are in the process of separation or divorce.

There are three occasions in which couples could consider a BFA:

  1. Pre-Nup: before the marriage or relationship has been entered into. This is the most common and well-known form of BFA.
  2. Mid-Nup: during the marriage or relationship
  3. Post-Nup: after the marriage or relationship, when the couple is initiating separation or divorce proceedings

Contents of BFAs

There are a range of matters which are considered in BFAs including:

- What will happen to the wealth or property which each spouse had before they commenced their relationship

- What will happen to the wealth or property acquired during the course of the relationship

- Who is going to contribute to the costs of raising children, and what proportion will each spouse pay

- If there is a family home, what will happen to it

In order for BFAs to be legally enforceable, there are certain formal procedures and requirements which must be adhered to. Some examples of these requirements include that the BFA must be in writing and signed by both parties, and that both parties must have received independent legal advice about their rights, along with the advantages and disadvantages of the BFA prior to signing it. Additionally, both parties must have given full financial disclosure to each other.

Advantages of BFAs

Finally, here are some advantages of creating a BFA:

- Asset Protection: BFAs grant both parties peace of mind that their assets are safe and secure if the relationship unexpectedly comes to an end. Planning for the future will help parties be less anxious and unsure about how they will divide their property or wealth if this issue arises

- Clear and Fair Asset Division: especially with pre-nuptial agreements, these are often agreed upon when the parties are on good terms with one another. Hence, this avoids conflicts or tensions which may arise after the parties have separated or divorced, which may make it more difficult to clearly and amicably divide the assets.

- Avoiding Court Proceedings: BFAs can be finalised within 1-2 months if both parties agree on its terms. Without this sort of agreement, there is the possibility that parties can only reach a resolution through the Family Court, which can take years. Furthermore, initiating court proceedings carry a range of challenges, including extensive costs and significant emotional burdens.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

In a recent court case, a couple separated after 7 years, in which they cared for French bulldog, Junior and British bulldog, Winnie. Kate and her former partner adopted Winnie during their relationship while Junior was Kate’s former partner's dog, before they began dating. Kate was afraid that the dog would go to her former partner after the bond she built with him over the course of 7 years. What built up her fear was the issue that both dogs were registered under his name. If they had gone to court, he would have gotten custody.

On Nine News, Kate states, "They were our kids, we didn't have human kids," as well as "I live for them... They are literally my everything." emphasising the immense need she had for them. Fortunately, Kate’s situation was lucky and rare, "Ultimately, he just said, 'Look, I just want you to have them'. And he bought himself a new dog, and they just stayed with me," she said.

In most cases, pets are not recognised under family law proceedings and are considered property. Therefore, the individual under whoever’s name the property is registered under gets custody.

Now, under a national amendment to the Family Law Act coming into effect on June 11, courts will take into consideration the emotional bonds and welfare of a companion animal when deciding who gets custody after a breakup. Meaning, the pet no longer is handed to whoever it is registered under.

Smith states that she has noticed pets becoming an angering factor in separation proceedings and are often used as a pawn, thrown from one place to the other. She recounts an instance where a client of hers struggled to find accommodation for her two dogs and concluded to leave them with her estranged husband.

In one instance, a client of hers struggled to find alternative accommodation with her two Burmese mountain dogs, so she stayed with husband until the dogs passed away before she left the relationship.

Overall, many have concluded that, “These amendments are actually the law catching up with what’s happening on the ground”.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

In November 2024, the Online Safety Amendment (Social Media Minimum Age) Bill 2024 was passed, which banned children under the age of 16 from accessing social media platforms. Whilst the Bill did not individually name the social media platforms to which this ban would apply to, Communications Minister, Michelle Rowland, confirmed that these laws would apply - at a minimum - to TikTok, Facebook, Snapchat, Reddit, Instagram and X.

Shadow Minister for Education, Sarah Henderson, claimed that these restrictions were "absolutely critical" due to the severe mental health impacts which young people are suffering due to social media use being unregulated by parents or carers, and by the platforms themselves.

However, a recent eSafety Commissioner Report revealed that this ban has been largely unsuccessful as most children under 16 are still using social media. The Report discovered that 80% of surveyed children aged 8-12, and 95% of surveyed children aged 13-15, are using one or more social media platforms. These platforms ranged from Facebook, Instagram, Reddit, Snapchat, TikTok, YouTube and Discord. Of the surveyed children, 54% had accessed social media through their parent's or carer's account, whilst 36% had their own account.

So, why did the ban not work?

The ban relied significantly on truthful age declaration so that social media platforms could prevent users under 16 from making an account. However, children making an account could easily falsify their age or alternatively, use their parents' accounts to access social media. Additionally, different platforms sought to enforce the ban in different ways rather than using one consistent and unified method. Accordingly, some platforms were more committed to preventing users under 16 from accessing their platform, whilst others were less effective in achieving this aim.

The Bill has also faced significant backlash and public criticism. Notably, the Human Rights Law Centre claimed that "these laws would undermine the human rights of young people in unacceptable ways, including their rights to freedom of expression, access to information, and privacy." They argue that this social media ban does not effectively address the real problem and instead, the government should focus on making social media platforms for everyone, and holding these platforms accountable.

The increased growth and popularity of Generative Artificial Intelligence has made its way into the courtrooms as both self-represented litigants and lawyers begin relying on this tool to prepare their submissions and evidence. However, this has raised concerns about the accuracy and quality of submissions being presented to the court.

For example, in a defamation case, Dr Natasha Lakaev cited a case, 'Hewitt v Omari [2015] NSWCA 175,' but in reality, no such case existed. In his judgment, Justice Blow stated that this error was likely the product of Generative AI, highlighting that "when artificial intelligence is used to generate submissions for use in court proceedings, there is a risk that the submissions that are produced will be affected by a phenomenon known as ‘hallucination’". These 'hallucinations' occur when Generative AI perceives patterns or objects that are non-existent, creating outputs that are inaccurate or nonsensical. Additionally, in another case, a legal agent at the Queensland Civil Administrative Tribunal had submitted 600 pages of "rambling, repetitive, nonsensical" material, which was suspected to have been written by AI.

Given the lack of guidelines and rules surrounding the use of Generative AI, "Judges of the Federal Court have been considering and discussing the development of either Guidelines or a Practice Note in relation to the use of Generative Artificial Intelligence"(Media statement from the Chief Justice of the Federal Court, March 2025).  This reflects the law's attempt to appropriately balance the interests of the administration of justice along with fairness and efficiency for each individual who comes before the court. The Chief Justice has stated that the court's AI Project Group will seek submissions from legal professionals, self-represented litigants, and the public starting mid-June 2025.

Submissions can be emailed to AI_Consultation@fedcourt.gov.au until June 13, 2025. This public consultation aims to inform the Federal Court's approach to regulating AI in legal proceedings, balancing efficiency with accuracy and ethical considerations. Recent incidents globally, including cases in the US and Australia involving fabricated AI-generated legal information, underscore the urgency of establishing clear guidelines for AI use in the legal profession.

In a significant move to address the pervasive issue of domestic violence, the Coalition government has pledged a $90 million package that includes the creation of a national register for offenders and the criminalisation of technology-facilitated abuse. Peter Dutton, drawing on his experience as a former police officer, announced the suite of measures aimed at bolstering the decade-long national plan to end violence against women and children.

Acknowledging the "lifelong impact of these horrific crimes," Dutton emphasised the urgency of the situation, echoing the national cabinet's previous commitment of $4.7 billion to tackle the emergency. A cornerstone of the Coalition's strategy is the establishment of a National Domestic Violence Register. This database would enable police and relevant agencies to access and share crucial information regarding an individual's history of family violence convictions, although it would not be publicly accessible. The Coalition government argues this will enhance information sharing and improve responses to potential threats.

Furthermore, the proposed package includes the creation of new domestic violence offences specifically targeting the misuse of mobile phone technology. This initiative aims to criminalise the use of phones to threaten or track intimate partners or family members, explicitly addressing the growing concern around perpetrators utilising spyware and engaging in coercive control through digital means.

This $90 million strategy represents the Coalition's long-awaited comprehensive plan to combat domestic abuse, signalling a determined effort to strengthen legal frameworks and provide law enforcement with enhanced tools to protect vulnerable individuals. Although while information is still emerging, amendments to legislation are yet to be recognised.

Pets are considered property and a shared asset in the eyes of the law, however, they are not mentioned in the Family Law Act 1975.

In most cases, the Courts will make an Order and award a pet to either party in the same Order that lists other personal property. Because the Family Law Act has yet to distinguish pets from property, they will make decisions regarding pets in the same way they might consider any other family asset.

The Court will consider a range of factors including:

Some couples choose to predetermine their financial position at separation, also known as a Binding Financial Agreement. This legally binding document outlines how assets, including pets, would be divided if the relationship ends.

Mediation is another valuable pathway and can be incredibly helpful by making couples work out ownership issues amongst themselves. If a couple cannot come to an agreement there are a few principles the Courts will apply. For example, it can be as simple as who wants the pet more.

It is important to note that there is not a formal or court-ordered custody arrangement for pets. Every case is unique and poses its own challenges, and outcomes can vary depending on your individual circumstances. If you are struggling to come to an agreement with your ex-partner, mediation is always recommended. At the end of the day, any decision you make regarding pet ownership should always prioritise your pet’s best interests in the long run.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

The obligations and rights of parties are outlined in formal agreements through contract terms. Terms can either be express or implied.

 

Express Terms refer to terms which are explicitly outlined in the contract. Generally, written or oral express terms are incorporated into a contract through signature, notice referring to another document containing terms, or a regular course of dealing, whereby terms in previous agreements may be assumed as incorporated.

 

Implied Terms refer to terms which are not explicitly outlined in the contract. Generally, these terms arise in situations where parties do not consider or turn their minds to particular events. Implied terms may be:

 

Parol Evidence Rule

For contracts that are wholly in writing, the Parol Evidence Rule (‘PER’) generally prevents extrinsic evidence from admissibility to the Court. Extrinsic evidence may include statements made and correspondence between parties during negotiations, prior to the contract’s formalisation in writing.

 

However, exceptions to the PER may arise in the following circumstances:

    1. The agreement is both connected, but independent, to the main contract;
    1. The agreement must be consistent with the terms of the main contract.

 

The general example of a collateral contract is inducing a party to enter into the main formal agreement by providing further consideration e.g: a car salesperson promises an additional warranty period if purchase a car and agree to its main contract terms.

 

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

 

Domestic violence victims can often feel unheard and not helped, both throughout and after their experiences, and often feel like they don’t know where to look to seek assistance. But help is out there, and there are several different programs and organisations that can provide both financial and non-financial assistance to help victims escape their circumstances and begin to rebuild their lives.

 

Victim Services NSW

The NSW Government branch Victims Services currently runs the Victims Support Scheme for all victims of crime, including domestic violence. This includes not only those who have been directly affected, but also those who are affected by witnessing the crime, such as family members. The type of support is primarily focused on financial assistance, providing money to cover any immediate needs as well as covering more long-term economic loss. This service is particularly useful for providing victims with a lump sum Recognition Payment, as well as ongoing financial assistance as and when needed, determined by the individual’s circumstances.

It is important that if you are experiencing domestic violence, you contact the NSW Police Force as soon as you can. Besides helping to stop the violence and ensure your safety, this is one of the requirements to be eligible for Victims Services.

 

Timeframes for Victim Services NSW

It is also crucial to keep in mind the timeframes for applying to Victims Services. For their counselling services, there are no time limits, and you can call at any time after the incident for a private and confidential chat. However, for financial support, you will generally need to contact Victims Services within two years of the incident occurring, or two years after turning 18 if it occurred when you were a child. The exception to this is the Recognition Payment, which you can obtain up to ten years after a domestic violence incident. If you apply after two years, however, besides this one-off payment, you will likely be very limited or unable to receive any other kind of financial support regardless of your need.

 

Other Assistance Programs

There are also a range of programs and organisations that provide other kinds of assistance to those who have experienced domestic violence. White Ribbon Australia works tirelessly to promote several different services, including:

 

Mental  Health Crisis Hotlines

Organisations such as Beyond Blue and Lifeline are more targeted towards assisting people with both diagnosed and undiagnosed mental health disorders. These organisations have 24-hour hotlines, and can help provide over-the-phone advice and assistance to those who are experiencing mental health problems, particularly those suffering from depression, anxiety or suicidal thoughts, and help you take that first step in reaching out and getting the help you may need.

 

Emergency Accommodation – Link2Home

Finally, for those who need emergency accommodation to leave a dangerous or violent environment, there is Link2Home, an NSW Government organisation that provides another 24-hour hotline that can help those in need find urgent accommodation. They specialize in helping victims of domestic violence find shelters or services they may need, as well as anyone experiencing homelessness for any reason.

 

Important Numbers

Some of the hotlines discussed in this article include:

 

Remember – in an emergency, always call 000 for urgent help.

 

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

After a divorce or separation, parties may come to an agreement regarding their property and/or parenting matter, and they can seek the advice and help of family lawyers to aid them in doing so. Subsequently, the parties can have this agreement formalised by way of Consent Orders, which are legally binding documents that have been approved by the court.

Consent Orders can cover a range of matters, including how matrimonial property is to be divided between the parties. Parties may also come to an agreement as to how parenting arrangements will operate, such as by allowing the children to live with the Mother and spend time with the Father every weekend.

Why Are Consent Orders Important?

Individuals must be wary of relying on handshake deals or informal agreements regarding their parenting and property matters because these are not enforceable in court. This means that Party A may unilaterally change the terms of the agreement or refuse to uphold the entire agreement. Unfortunately, Party B would have little means of recourse.

Therefore, Consent Orders are important in formalising the agreement which both parties have arrived at.

What Are Some Advantages of Consent Orders?

  1. Cost Effective - Consent Orders are significantly cheaper compared to litigation. Statistics show that the costs of obtaining Consent Orders are 60%-70% lower than that of litigation.
  2. Efficiency - Courts deal with a significant number of cases, resulting in substantial delays before a final verdict is delivered. Consent Orders allow the parties to prepare an agreed plan between themselves, which they can present to the court for approval.
  3. Flexibility - Consent Orders are flexible, allowing parties to negotiate the terms directly between each other and arrive at an agreement which specifically addresses their concerns or interests.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

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