Pre-Nuptial Agreements

Author: Andrew Corish BA LlB – Accredited Specialist Family Law

Publish Date: August 2004

It is now possible to enter into binding Pre-Nuptial Agreements (PNAs). These are agreements made prior to and in contemplation of marriage, and deal with financial arrangements in the event of separation. De facto couples have been able to enter into such binding agreements since 1984. However such agreements were not binding upon married couples until a change of the law in 2000 (Family Law Act, Part VIII sections 90 A-Q). The change allowed for Binding Financial Agreements to be entered into, not only for those contemplating marriage, but also for those within a marriage or following separation. We will just consider pre-nuptial agreements (PNA’s) for the moment, but many of the same provisions apply to the other agreements.

Surviving Christmas after Separation and Divorce

How to bring a Christmas Application or a small parenting application

Author: Andrew Corish BA LlB – Accredited Specialist Family Law

Publish Date: December 2004

Christmas is a very difficult time to negotiate at the best of times. There is such a strain of expectations and a weight of emotional baggage, which we bring from the past, and from our childhoods. The problems and demands of Christmas can increase greatly after a marital separation. Arrangements for Christmas can assume great importance in the minds of separated parents and lead to many disputes.

Grandparents and Family Law

Talk to Grandparents Support Group NSW 27 February 2003

Author: Andrew Corish BA LlB – Accredited Specialist Family Law

Publish Date: February 2005

Grandparents do have rights under Family Law to maintain a relationship with their grandchildren.

The position and importance of grandparents were strengthened by the 1995 amendments to the Family Law Act. The amendments inserted new “objectives” at the beginning of the children’s section, in Section 60B, including that:

“ children have a right of contact, on a regular basis, with both their parents and with other people significant to their care, welfare and development .”

The Unexpected Legacy of Divorce

Author: Andrew Corish BA LlB – Accredited Specialist Family Law

Publish Date: February 2005

Judith Wallerstein is psychologist and leading researcher into family law issues in America. In 1971 she began a study of 60 families in California, interviewing the parents and in particular the children and continuing those interviews over a 25 year period. The children varied in age from 5 to 15 at the commencement of the study and at last interview were in their 30s or 40s.

Her research was published and became a best seller entitled “The Unexpected Legacy of Divorce”. The conclusion she draws from her interviews make quite startling reading. The major conclusion is that divorce has a profound effect upon children and such effect was continuing upon the children into their adulthood. in particular affecting their relationships. The children were having great difficulty with commitment and entering into happy marriages and relationships, more so than the control group or general population. Perhaps surprisingly, the children of unhappy or dysfunctional marriages where the spouses had decided to stay together for the sake of the children, were doing significantly better than the children of divorce.

SOME THINGS YOU SHOULD KNOW ABOUT WILLS

Publish Date: February 2005

A Will has no operation until you die, so that if you are worried about what happens if you can no longer look after your own affairs during your lifetime, through old age or injury, your Will is of no help. An Enduring Power of Attorney can address this aspect.

Normally you can revoke or change your Will whenever you like, but it is possible for you to make a commitment or contract, for example with your spouse, not to change your Will.

REPRESENTING YOURSELF IN FAMILY LAW PROCEEDINGS

Notes prepared in 2003

Publish Date: August 2005

Introduction

This is a guide for people who are acting for themselves in family law proceedings or considering doing so, or would like to know more about what is involved in family law proceedings. It is not a “do-it-yourself” or intended to give legal advice. Each case is different and the law and procedures are always changing. People should seek their own legal advice if they wish to do so.

GUIDE TO ENFORCEMENT OF CHILDREN’S ORDERS

Paper prepared by Andrew Corish for the Family Law Reform Association September 2003

Publish Date: August 2005

This is a guide to enforcing a “child order” in the courts; in particular an application by a “contact parent” to enforce the contact orders against a “residence parent”, on the basis that the residence parent has contravened the orders without reasonable excuse.

FAMILY LAW AMENDMENT(SHARED PARENTAL RESPONSIBILITY) BILL 2005

Talk to Family Law Reform Association 15 August 2005

Publish Date: August 2005

The Commonwealth Government has announced a major revision Family Law relating to children. This is a follow up from the parliamentary report titled “Every picture tells a story”. The Government has announced a series of proposed changes to law and practice, and has allocated $400M over 4 years to implement it.

SURROGACY AND THE LAW IN AUSTRALIA

By Melanie Roberts-Fraser

Medical technology enables families to be formed in many different ways. The techniques available mean that a child could have up to seven different “parents”: a genetic mother or mothers (cells from two women can create one egg); a gestating mother; a social mother; a genetic father; a social father and where a surrogate mother is used, her partner is in law the legal father, and so a child can also have a gestating father!

The law has not kept pace with reproductive technology procedures and this means that intending on parenting a child does not make you a legal parent.

NO SEX PLEASE WE’RE PARENTS

By Melanie Roberts-Fraser and Oliver Roberts

I wrote No Sex Please We’re Parents with my brother when we realised that while there is a plethora of books on parenting there’s been almost nothing about relationships during parenthood – until now.

Becoming a parent is a life-changing experience but it is a myth that children make a relationship complete. Studies show that four out of five relationships are negatively affected by the demanding first year of a child’s life and one in five couples will separate by the time their youngest child starts school and many more will have split-up before their children finish school.