Yes, a Binding Financial Agreement can get overturned for various reasons. These reasons include duress, improper execution, change of circumstances (you should review your binding financial agreement often); in fact; almost anything can overturn a binding financial agreement.
The recent pandemic COVID-19 will have an impact across all facets of Australian society, including participants and solicitors in Family Law and domestic violence matters. The level of the effect, however, varies and ranges from minimal impact where parties have already sought Consent Orders, made an application for divorce or are not in Court, to a higher level of impact for those who have recently commenced proceedings before the Court.
We have many Brisbane Northside locations. Our Brisbane North family law firm perfectly understands the family struggles people go through. To most, the emotional stress is unbearable. It's for this reason that we do whatever we can to minimise the legal process's uncertainty and stress.
It is useful to use a checklist, particularly when you're in a heightened state of emotion.
Disputes after relationships end are uncomfortable but are a regular part of the separation process. If you have previously done some research on Alternative Dispute Resolution, you may have noticed that there are a lot of different types of Alternative Dispute Resolution.
Depending on the size of the asset pool and your ex's cooperation, a judge working out how property gets split is usually not going to be an excellent outcome for either party. The best result is by a negotiated settlement with the assistance of an experienced family lawyer, and this avoids the cost and uncertainty of court orders.
If mediation fails, it can be extremely frustrating. In the rare case that mediation fails, there are still alternatives before you go to Court. Often working out why mediation fails will allow you to negotiate without going to Court.
Whether or not mediation is suitable depends on your unique situation. You are required to mediate in parenting matters unless you can get an exemption. An exemption gets granted under particular circumstances like domestic violence.
In disputes over custody, sometimes the central issue in dispute can be a particular child's health concern. Often, the child's primary carer has been responsible for seeing specialists, dealing with the treatment for the health condition and administering medication. While one parent might have intimate knowledge of a particular state, the other parent might not be so knowledgeable.