Overall, the Family Law Act largely provides the same rights for de facto couples as for married persons. However there are differences which can make the process more arduous, complex and costly for de facto couples.
A new financial agreement was published today in order to take into account the decision in Piper and Mueller. It covers both the requirements of during a de facto relationship under Part VIIIAB (s90UC) and the subsequent marriage under Part VIIIA (s90B). There is an informative commentary to go with it.
The new precedent is titled Combined financial agreement s90UC and s90B – During de facto relationship and subsequent marriage.
From 2 November 2017 the time a response to related application must be filed and served is extended from 14 days to 28 days: subrule 4.03(3).
See Federal Circuit Rules 2001 for minor amendments to Schedule 1 – Costs.
The itemised scale of costs contained within the family law costs agreements have been updated. 4 July 2017.
The family law costs agreements have been updated to reflect the new scale for itemised costs.
The definition of a stepchild has been extended to include the child of a party to a de facto relationship, so a stepchild of the de facto testator is capable of bringing a claim against the testator’s estate as the deceased step-parent: s 40A Succession Act 1981.
- Further Information – Added “Parenting orders – what you need to know”
- Costs Agreements – Included reference to time limit for requesting itemised bill as per the Family Law Rules, reference to interstate costs laws added, updated interest clause
- Costs Agreements
- Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
- VIC/NSW – included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
- WA – added clause on scale fees.
- Property Settlement Commentary – Amend – Step one – identify and value the net property 3.
- New precedents
- To do list – Children
- To do list – Financial Agreement
- 101 Family Law Answers – added new commentary on Foreign Resident Capital Gains Withholding Payments.
- Divorce, Children and Property Settlement guide – New Costs Agreements added for Tasmania and Northern Territory.
- Children commentary – Considerations specific to children matters added to commentary on social media evidence
- New precedents
- Letter to other side inviting them to family dispute resolution
- Letter to other side’s solicitor inviting them to family dispute resolution
- Children commentary – Amended to discuss in more detail paternity and the presumption of parentage. In certain circumstances, proving parentage can be particularly important. Parentage is also a relevant consideration as the number of blended families in Australia continues to rise.
- Divorce commentary – Updated and restructured the commentary discussing divorce applications and reduction of court fees.
- Property Settlement – New precedent added – Letter to other side’s solicitor with offer of settlement – Calderbank offer.
- File Cover Sheets for all publications have been completely re-formatted for a better look.
- Property Settlement – Commentary concerning social media evidence in financial proceedings has been added to the property settlement guide.
- Children commentary – Added section on making urgent applications – Early hearing and urgent orders ex parte.
- Children commentary – Added section on variation of parenting orders. In particular, a commentary on the threshold test as established in Rice v Asplund (1978) 6 Fam LR 570 has been added.
- Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
- All By Lawyers Family Law cost agreements have been updated in line with the 2016 Family Law Rules itemised scale of costs.