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Family Law » Preston LawyersFamily Law, VIC
Settlement After Short De Facto Relationship
Settlement After Short De Facto Relationship
A recent decision handed down by the Federal Circuit Court examined the question of whether the court ought to make property orders after a de facto relationship of less than two years duration. The 2019 decision of Adesso v Payton concerned a 14-month relationship between a pilot and a woman who was unemployed while caring…
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Is a Sperm Donor a Parent?
Is a Sperm Donor a Parent?
A case is currently before the High Court concerning whether a man who donated sperm to a lesbian couple has standing to seek parenting orders over the child. Under New South Wales law, a sperm donor is not a parent. However, under the federal Family Law system, biological or non-biological parents may be recognised as…
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Phe v Leng: Evidence Act Section 131
Phe v Leng: Evidence Act Section 131
Under Section 131 of the Evidence Act, communications between parties made in the course of negotiating a dispute are privileged. This means that such communications are not admissible as evidence in any family law proceedings that may arise. However, the act provides a number of exceptions to this rule where not admitting such a communication…
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Financial Agreement Entered Before Marriage
Financial Agreement Entered Before Marriage
Section 90B of the Family Law Act sets out the circumstances in which a written agreement made by parties contemplating marriage is a binding financial agreement. In the recent case of Graham v Squibb, the Family Court considered the situation where parties had purported to make such an agreement but had not complied with the…
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