Case Studiesby Elena Leonardos

Couples remain under same roof or delay official divorce due to cost-of-living pressures

Couples remain under same roof or delay official divorce due to cost-of-living pressures

ABC Wide Bay By Nikki Sorbello

An unidentified woman in a dark room with a pink glow facing away.
Sandra would often go for days without eating to save up enough money to pay for her divorce.(ABC News: Dominic Cansdale)

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In short:

Separating couples are choosing to delay their official divorce due to financial concerns.

Many people remain living under the same roof while separated, which may add cost to the process.

What’s next?

Experts say having paperwork in order and seeking advice early will make divorce as cost effective as possible.

After more than a decade of being legally married, Sandra* says she is finally free.

The 57-year-old Gold Coast woman escaped an abusive relationship in 2016 with her daughter and a few belongings, and later took out a domestic violence order (DVO).

It took her three years to finalise her divorce last month.

“I have a new lease on life knowing that we are finally safe,” Sandra said.

“It’s given me more strength than I thought I had.”

For Sandra, getting a divorce was important because remaining legally married to her now ex-husband had made her feel “disgusted, humiliated, and sad”.

It cost her $1,200 in fees and charges, and because she does not work it has taken her a long time to save the money.

“My vertigo has gone through the roof stressing on how I [was] going to pay this money,” she said.

Close up of hands of a woman sitting in a dark room with a pink light.
Sandra says she has been stressed trying to come up with the money to pay for a divorce from her abusive ex-husband.(ABC News: Dominic Cansdale)

Filing for divorce

Dissolving marriages comes under the jurisdiction of the Federal Circuit and Family Court of Australia.

Applications can be lodged solely or jointly with the separated spouse.

A $1,100 court fee is payable, but some applicants like Sandra are eligible for a reduction — for example, those on a health care card or suffering financial hardship.

If children, joint finances, debt, or property are involved the process becomes more complicated and expensive.

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Gail Cocksedge says she has built “a beautiful little nest of people” around her since her husband left her 40 years ago. She is glad she was younger when they separated, given the financial impact.

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Applicants are strongly advised to seek legal advice, which can also add to the cost.

Sandra chose to go through an online legal service and her $1,200 bill included the concessional court fee, a fee to track down her former husband, as well as legal fees.

To afford it she paid it off in fortnightly instalments when she could.

“This entails not eating,” she said.

“I have to give my daughter food because she’s a 15-year-old. But I’m in my 50s, I can deal with not eating for four days.

“I was determined to get it done … but I feel very sorry for the women that don’t have the strength.”

A ‘discretionary spend’

Bundaberg-based solicitor Geoff Ebert, whose firm managed Sandra’s divorce, said divorce was becoming a “discretionary spend” amid the cost-of-living crisis.

A man and a woman sit behind a desk, the woman pointing at a computer screen.
Solicitor Geoff Ebert, with wife and firm general manager Maria Ebert, says divorce has become a “discretionary spend”.(ABC Wide Bay: Nikki Sorbello)

“Once people understand the cost it might be that they have to kick the divorce down the road for six months because they’ve got rates to pay and electricity to pay,” Mr Ebert said.

“We’re seeing a lot of couples separate but continue to live under the same roof.

“There’s a lose-lose in the sense that you’re still needing to live together, and then it costs you even more to get divorced because there’s more paperwork that has to be generated.”

Keeping costs down

Divorce rates in Australia hit a peak in 2021 with 56,244 finalised, partly due to administrative changes that helped clear a pandemic backlog.

But the overall divorce rate has been trending downwards since the 1990s, according to the Australian Institute of Family Studies.

In 2022, Australian Bureau of Statistics data shows 49,241 divorces were formalised.

Two people seated on opposite ends of a sofa while clinching on their rings
The rules of divorce can impact both couples who are married or in a de facto relationship.(Pexels: Cottonbro Studio; licence)

Family and domestic violence support services:

If you need help immediately call emergency services on triple-0

Danielle Bozin from Queensland University of Technology’s School of Law said the data did not capture the finalisation of de facto separations, which had similar financial costs.

Dr Bozin said most family law disputes were settled through negotiation or mediation and the legal system was designed to encourage that.

“If people end up going further into the court system and have to go to final hearing they are looking at in excess of $30,000,” she said.

The deputy president of the Queensland Law Society, Genevieve Dee, said cost pressures in separation and divorce were much more prevalent than “five or 10 years ago because money isn’t as readily available”.

“So, you will see people often engaged in very lengthy negotiations which often can be counterintuitive to what you’re trying to do, which is save money,” Ms Dee said.

Get your paperwork in order

When it comes to making divorce as cost effective as possible, all three legal experts say preparation and paperwork are paramount.

“‘Do I have evidence of the separation if I need to? Do I have my marriage certificate, photographic ID, or passports to show you are an Australian citizen?’,” Mr Ebert said.

People can seek free advice and information through community legal centres, Legal Aid Commissions, the national Family Relationship Advice service, or pay for a private lawyer.

An unidentified woman in a dark room with a pink glow facing away.
Sandra says she feels “healed” knowing she has survived domestic violence.(ABC News: Dominic Cansdale)

“Early advice is helpful for people to understand the length of time the process is going to take, the likely cost of the process, and decisions they can make early on to try and keep that matter out of litigation — which is the most costly part of separation,” Ms Dee said.

Sandra said going through a lengthy divorce process added to the trauma from the abuse.

“It’s like a big washing machine on the never-ending cycle,” she said.

Now on the other side, Sandra is proud to have had the strength and support to persevere.

“I am healing and we have survived,” she said.

*Sandra’s name has been changed to protect her privacy.

More than 80 per cent of cases in the family court involve allegations of family violence. Are you one of them?

The ABC would like to hear from anyone over 16 who has been through the family court system.

You can share your stories with us by emailing: SRTcourt@abc.net.au

Please note: No information will be shared with third parties. The ABC upholds Section 121 of the Family Law Act prohibiting the identification of any parties in a family law matter.

Case Studiesby Elena Leonardos

Lawyers say ‘bank of mum and dad’ driving rise in ‘prenup’ requests

By Geraden Cann posted by Elena Leonardos

Wed 5 Jun 2024

  • In short: Lawyers say there has been a substantial increase in people requesting a binding financial agreement (BFA), Australia’s version of a “prenup”.
  • The increase follows a spike in couples applying for divorce during the pandemic. 
  • Drivers for BFAs include an economic environment that is pushing more people to protect their wealth and assets, as well as growing use of the “bank of mum and dad”.

Antoinette Sagaria and her wife have been married for five years, have a daughter and are very much in love, but they are getting a binding financial agreement (BFA) — Australia’s equivalent of a prenup.

To many, getting a BFA after you are already married may seem odd, but Ms Sagaria has seen how bad things can get when relationships break down.

She is the director of property at mortgage brokerage Entourage and, as well as advising homebuyers on BFAs, she is often appointed by court order when a partnership ends and couples have to sell property.

Antoinette Sagaria sitting on a chair in the middle of a room.
Antoinette Sagaria got a binding financial agreement with her partner after she observed other peoples’ relationships break down.(ABC News: Richard Sydenham)

It was witnessing how “agonising and expensive” separation could be without a BFA that “massively contributed” to her and her wife’s decision to get one.

“Seeing how hard those conversations were initially made us realise there is no way you could have these conversations when you don’t love each other and it not become a disaster,” she said.

“Everyone knows someone who has been through a messy divorce.”

She and her partner want safety and security, and to have the discussion while in love, and wanting the best for each other.

Ms Sagaria is not alone. Several law firms told the ABC requests for BFAs had increased substantially.

One of the country’s largest family law firms reports requests for BFAs jumped 79 per cent in a year, while multiple others reported a doubling of requests since the pandemic.

Lawyers said drivers included the “bank of mum and dad” insisting upon them in return for helping their children purchase a home, increased demand from those entering second and third marriages, and an economic environment that pushing more people to protect their wealth and assets.

Divorce rates rise and the number of BFA enquiries follow

Divorce rates hit an all-time high in 2021, with 56,244 finalised, although the Bureau of Statistics attributed this partly to administrative changes that helped clear a pandemic backlog.

The number of couples applying for divorce also spiked during this period.

ASX-listed firm Australian Family Lawyers reported enquiries for BFAs rose from 153 in the first half of 2022 to 274 in the same period of 2023 across its 22 national offices. The firm’s head of family law in Victoria, Bill Kordos, said demand had continued to rise since.

There is no register of BFAs, so official statistics are hard to come by, but Mr Kordos said the firm’s lawyers were writing BFAs daily.

“It’s really coming from the bank of mum and dad because young people are entering into their homes with the biggest transition of generational wealth we have ever seen,” he said.

“It’s the wealthier parties that are providing the significant injection of funds who are saying, ‘We don’t mind giving it to you, but we don’t want it flushed down the drain if something goes south. We worked hard for that money, so there’s a conditional string attached to the gifting.’

“It is a mood killer, but I think romance and relationship psychology isn’t what it used to be.”

Bill Kordos sitting in front of a wall of different coloured art work holding reading glasses in his hand.
Bill Kordos says in a lot of cases a discussion about a BFA enhances a relationship. (ABC News: Billy Draper)

Mr Kordos said the cost of living and exclusionary house prices meant anyone with wealth was increasingly concerned about holding onto it.

The bank of mum and dad is becoming an increasingly powerful force within the market as well, with a Productivity Commission report estimating it to be between the fifth- and ninth-largest home mortgage lender by book value.

Young Australians also appear to increasingly feel they need help, with 2021 research reported by the Australian Housing and Urban Research Institute (AHURI) showing 40 per cent of early-career adults (aged 25-34) surveyed in Sydney and Perth expected family assistance to buy a house.

Mr Kordos’s experience concurs with the data.

“With most of my cases, I believe most of the couples would never be able to get into the property market without the assistance of the bank of mum and dad,” he said.

Mr Kordos said that while in some rare cases a discussion about a BFA led to a split for his firm’s clients, he said most couples told him it had enhanced their relationship because everyone knew where they stood.

Most people still avoid tough conversations, experts say

The bank of mum and dad might be a driving force behind BFAs, but University of Newcastle youth sociologist Julia Cook said most people were still avoiding tough conversations about money.

Dr Cook recently completed a three-year study of 80 people who either received or lent money to a family member to buy a home.

Despite sums often being large, none of the 80 participants got a BFA, and most relied on verbal agreements.

Interracial couple embracing on their wedding day
Experts say prenups can be a difficult conversation to have with a partner.(Unsplash: Jakob Owens)

Where any form of written agreement was in place, it was an email or a short document that both parties signed and then left in a drawer.

“I did kind of gently ask some of the parents, ‘Have you considered what might happen to this assistance you’re providing if your child was to break up with their partner?'” Dr Cook said.

“They would generally say, ‘Yes, I’ve thought about it and thought about asking them to sign something, but I just ultimately felt like I couldn’t bring that up because it would be questioning their relationship and it would be inappropriate.'”

She said the lenders and borrowers often viewed things differently, with one seeing the money as a gift, and the other as a loan.

“There are hints of things that could go wrong in quite a few of the situations,” she said.

The limitations of BFAs

Barry Nilsson family law principal Will Stidston estimated demand for BFAs had doubled since the pandemic, but clients sometimes had the incorrect assumption they were straightforward.

In reality, there are a lot of technicalities involved to ensure they are enforceable.

“They shouldn’t be cookie cutter,” he said.

A professional headshot of Will Stidston wearing a suit and glasses.
Will Stidston estimates BFAs have doubled since the pandemic. (Supplied: Barry Nilsson)

He said clients should also revisit the document periodically or after large life events, such as the birth of a child, the purchase of a home the or sale of a business, to check it was still fair and to minimise the risk either partner might challenge it in the event of a split.

Mr Nilsson said BFAs usually cost a minimum of $10,000, but could be substantially more depending on the assets the parties held and the complexity of their situation.

Sydney-based firm Barkus Doolan Winning partner Melinda Winning said cultural awareness about BFAs was increasing, and they were increasingly viewed as an effective legal agreement.

She said in the 24 years since BFAs were first introduced, case law had developed to the point that lawyers were much clearer on the dos and don’ts of writing up an effective agreement.

Melinda Winning
Melinda Winning says BFAs were increasingly viewed as an effective legal agreement. (Supplied: Barkus Doolan Winning)

Geoffrey Dickson KC is a barrister and chair of the Family Law Bar Association of Victoria.

As a barrister his involvement usually starts during a separation, although increasingly he is asked by solicitors to vet BFAs they are writing up.

He estimated a 20 per cent rise in such requests and said demand for BFAs could have jumped more significantly because he was usually only consulted on agreements involving the very wealthy.

Mr Dickson said for BFAs to remain effective, signatories had to live by the rules they set out, particularly when it came to how they acquired and held assets post-union.

More couples are splitting later in life

More older couples in relationships that span over decades are splitting up. But experts warn it could have significant implications for the wider society.

A slightly smiling middle-aged woman leans against a wooden post, in front of a beach. Dark curly hair, glasses, blue top.

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For example, if a couple agreed the wealth they brought into a relationship would be protected in the event of a split, and then used one partner’s money to buy a home that was jointly owned, that could create an issue enforcing a BFA.

“They’re only as good as the way you live your life, unfortunately,” Mr Dickson said.

The most common mistake made when creating a BFA was not including a provision for what happened if a couple had children.

“If you don’t do that, the agreement is pretty dead,” he said.

He said buyer’s remorse was the most common reason for challenging a BFA, and a deal that was too good for one party could be a pitfall because judges would look at such BFAs more critically.

Bride and groom figurines on white wedding cake.
Lawyers say clients should revisit BFAs periodically to minimise the risk either partner might challenge it.  (ABC News: Clarissa Thorpe)

It is not a judge’s job to rule on whether an agreement is fair but they can assess whether a BFA is appropriately written up and administered and set a BFA aside if it is not.

“They have to do so within the confines of the law, but if you make it too one-sided, they’ll try particularly hard to find a chink in the armour,” Mr Dickson said.

He said if there was the prospect of a BFA being challenged, most would still try to resolve a split out of court because the stakes were high in such situations.

Parents encouraged to suggest BFAs when lending to children

Caroline Counsel, principal at Caroline Counsel Family Lawyers and a spokesperson for the Law Institute of Victoria, said she had also noted a steady increase in requests but put the rate considerably lower than the other firms spoken to, estimating a 25 per cent rise over five years.

How divorce changed my relationship with money

The biggest change for me after my divorce was becoming “fiscally single” — going from a multiple income household to having absolutely no safety net if anything should happen to my job.

Selfie of Sommer Tothill with illustrated dollar signs

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She preferred not to refer to BFAs simply as financial agreements because ultimately it was the court that would decide if they were binding, should either party challenge them.

Ms Counsel said realistically there were not any alternatives to a BFA if the agreement was just between two partners, but other arrangements were possible where the “bank of mum and dad” were involved, including a registered or unregistered mortgage, where the parents were the mortgagee.

These gave parents security of repayment if, for example, a marriage failed, and the property was sold.

However, the legitimacy of the mortgage could be challenged if compliance with the terms of the mortgage were allowed to slide — for example if the parents allowed skipped repayments.

Another alternative was some form of loan agreement, but this too could be subject to attack, depending on the behaviour of the parties.

Ms Counsel said if parents were concerned, she would always recommend a BFA because they could be direct parties in the agreement and because the terms could be constructed to be more enduring.

Ultimately, it was security that Sagaria and her wife also wanted, and she likened a BFA to marriage insurance.

“It is confronting, and they are not cheap to get in the first place, but then neither is house insurance, neither is car insurance, neither is medical insurance,” she said.

Blogby Elena Leonardos

Preparing helpful Affidavit: How to help ensure the Court, your lawyer and other litigants have the facts without breaking the bank.

In my experience within the Federal Circuit and Family Court of Australia, I’ve often encountered affidavits that, disappointingly, contain unhelpful and inflammatory content.

Reflecting on my own earlier career, I recognise that I may have been guilty of this at times. However, it’s important to note that it’s not solely new or inexperienced legal practitioners who draft such affidavits; even experienced lawyers can occasionally fall into this trap. It’s imperative for lawyers to pause and consider their fundamental duties. At times, we might become too engrossed in the narrative, losing sight of the primary objective.

We are not simply mouthpieces for our client, we are facilitators of justice with duties to the Court. We are operating in a system that should only be used when resolution through agreement is not possible.

With that in mind, I want to assist my client’s and other practitioners get back to the basics and draft helpful affidavits.

I have created this guide for a few fundamental reasons:

  • 1. I have noticed a trend in our Courts that needs to end. Irrelevant, unhelpful, expensive affidavits that detract from a litigant’s application.
  • 2. Litigants and indeed lawyers are often unsure if and when they need to file an affidavit.
  • 3. Litigants and unfortunately some of lawyers are unsure what information they can and cannot include.

Let’s get down to the basics:

What is an affidavit?

An affidavit is a statement in writing usually prepared by a lawyer on behalf of a party to a Court proceeding or on behalf of a witness. It is the way evidence or facts are given to the Court.

It is a document that needs to be given to all people within the Court proceeding: the Judge or Registrar, other lawyers, other litigants or any independent children’s lawyer (if or when appointed). It is filed in the Commonwealth Portal, then the sealed version is served upon the parties (litigants).

Your affidavit is integral to your case. You will need to swear or affirm its accuracy and if you do not tell the truth, there can be serious consequences including imprisonment.

If your matter proceeds to trial, you will be cross examined on your affidavit, you will most likely be criticised and interrogated about any inconsistencies.

Frequently, I observe lawyers drafting affidavits on behalf of their clients, with the clients often unaware of the language being used. It surprises me to read the frequent inclusion of legal jargon in litigants’ affidavits.

Affidavits ought to reflect the words of the individual providing evidence and should be expressed in clear, everyday language.

When is an affidavit required?

An affidavit is required when you have an application or response to Orders of the Court, or you are directed to file an affidavit by a Judge or Registrar.

You are required to file an affidavit with any application or response seeking interim Orders, or as otherwise directed by the Court. There are certain Practice Directions relating to affidavits. If you wish to locate the form required for an affidavit, you can find the link below located on the Federal Circuit and Family Court Website:

Should you prepare your own affidavit?

I do not recommend preparing your own affidavit. I do however recommend that you do your homework and consider what information you want within your affidavit prior to consulting with an experienced lawyer, as this simple exercise will save you money.

Legal advice should help ensure that your affidavit is helpful to your application. However, with the large disparity in the quality of legal advice you need to exercise caution. Some lawyers are obviously more skilled than others in drafting concise, helpful and relevant affidavits, and some lawyers are better at reigning client’s in when it comes to the contents of their affidavits.

Frequently, I see unnecessary and hurtful information in an affidavit that should never have been allowed. The Court does not need to know that in 1985, your husband encouraged you to abort the baby who is now a child within a proceeding. The Court does not need to know that your wife had an affair with a colleague at work and the intimate details about who said what, when in a property settlement.

Sometimes the hurtful, harmful information inflames your case and rather than assist in resolution, it assists in unnecessary costs. An experienced lawyer will let you know when to elaborate and will also let you know if you are giving information that is irrelevant to your case.

Affidavits that use inflammatory information that seeks to complicate a proceeding should be discouraged. The best practice is to consider what you wish to say and then contact us so that we can assist you to draft a helpful, cost effective statement of your evidence.

Structuring your Affidavit:

Your affidavit should be easy to read, in size 12 font, numbered pages and one sided. Each point or relevant fact you wish to put to the Court should be divided into numbered paragraphs.

We always encourage headings to indicate the topics or subject ie: Background to relationship, Post Separation Contributions, Care Arrangements for the Children after separation, Future Needs are just some examples.

Affidavits by a Witnesses

Often in a family law matter, family members or third parties wish to provide evidence. Usually, the document is self-serving and unhelpful. Before embarking on this costly exercise you should think about the following: is it relevant and is it helpful?

When relying on a third party affidavit it will need to be separate from any affidavit the party drafts. It will then need to be filed and served upon all parties to the proceeding. If the affidavit is not relevant, we would encourage you to reconsider the document as it just assists in escalation of fees.

What can you say in an affidavit?

As previously defined, an affidavit is a statement of facts. You need to include all relevant facts that support the matter you currently have before the Court. For instance, if your matter relates to spousal maintenance, your affidavit needs to include the relevant information a Judge will be looking for in either granting or refusing the application, depending upon which side of the proceeding you sit.

If you are the applicant, your affidavit needs to include details relating to your financial need and the other parties capacity to pay for your needs.

If you were the respondent, conversely, you may be indicating the opposite position unless of course there is a disparity in income and no reason not to pay the outgoings. Ideally, a respondent in such applications should consider who they would rather give their money to, a law firm or their family. Ego and fixed positions frequently make the Court a place where battles a fought on principle rather than merits.

I would recommend that if you have an application on foot, the affidavit is drafted with careful consideration of the legislative requirements. That’s why you need good legal advice from an experienced resolution based lawyer. It imperative that only relevant and helpful information is included.

Your affidavit should support the orders you have asked the Court to make in your application or response. The length of your affidavit in Division 2 can usually be no more than 10 pages long with 5 annexures unless specifically Ordered to the contrary. If you do not use a lawyer, will need to ensure that you read and understand the Family Court Rules and Practice Directions.

Note: in family law proceedings, an affidavit in support of an application for interlocutory orders must not:

In Division 1:

  • exceed 25 pages in length for each affidavit or contain more than 10 annexures

In Division 2:

  • exceed 10 pages in length for each affidavit or contain more than five annexures

If you wish to rely upon more than one affidavit, you need permission from the Court. To be clear, you can only rely on one affidavit from yourself, and one affidavit from each witness.

For more information we recommend you review rule 5.08 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Family Law Rules) this clarifies the limit on the number and length of affidavits.

Can I give my evidence in Court instead?

The Court has a preference that evidence is provided in written form. Frequently self represented litigants stand in Court and give evidence from the Bar table. It is usually to their detriment.

When a litigant or even a lawyer gives the evidence in Court rather than reliance on the material they are not putting their best case forward.

There is limited opportunity to give a personal account of your evidence in Court. Most evidence is provided by affidavit. This allows cases to run more efficiently, smoothly and efficiently because the parties have notice of the other parties position.

What should not be included in an affidavit?

Generally, an affidavit should not set out the opinion of the person making the affidavit; that is, it must be based on facts, not your beliefs or views. The exception is where the person is giving evidence as an expert; for instance, a psychologist or licensed valuer.

Where possible, you should avoid referring to facts that are based on information received from others. This is known as hearsay evidence.

Note: in family law proceedings, there are a number of exceptions to the hearsay rule. If you need to rely on hearsay evidence in your affidavit, get legal advice to see whether it would be admissible in court.

You cannot not refer to anything said, or documents produced in connection with dispute resolution or any attempt to negotiate a settlement of your dispute outside of court.

Negotiations or offers exchanged in medication are not admissible. There are some exceptions.

If you wish to use such information, I encourage you to obtain legal advice. If you are unable to afford a lawyer, you should read section 131 of the Evidence Act 1995 (Cth).

Attaching documents

Often in affidavits, litigants refer to documents. If you intend to rely upon a document in your evidence it needs to be attached to the back of your affidavit and is referred to as an exhibit or annexure. An example of this could be a settlement statement from the sale of a home, a child’s report card, a letter from the bank about home loan arrears, a letter from child support about an assessment.

Annexures require clear identification, you could use numbers or letters but they Annexures need to have a witness clause on them and if there is a large bundle, you should have numbers.

The statement must be signed at the same time as the affidavit and by the authorised witness such as a lawyer or a Justice of the Peace.

For more information about annexures or exhibits in family law proceedings, see rule 8.15 of the Family Law Rules.

Signing an affidavit

The person making an affidavit is known as the deponent. There is a requirement that the deponent sign the bottom of each page in the presence of the witness. The last page of the affidavit contains what is called a Jurat and requires compliance with the following:

  • the full name of the deponent, and their signature
  • if the affidavit is sworn or affirmed
  • the day and place where the deponent has signed the affidavit, and
  • the full name and occupation of the authorised witness, and their signature.

When there is a written alteration to the document, you must ensure you and the witness initial that alteration.

From the onset of the document, the party/litigant needs to properly identify themselves by including their full name, occupation and residential address on the first page of the affidavit. There is an exception in circumstances where disclosure of such information places the person in an unsafe situation.

If a deponent is illiterate, vision impaired or do not have a strong command of English, or are otherwise unable to sign an affidavit there is a requirement that an alternative Jurat is completed.

For more information about requirements for an alternative jurat, please see rule 8.17 of the Family Law Rules or rule 15.14 of the General Federal Law Rules.

There is a requirement that the alternative Jurat is used in such situations and I have seen cost orders against lawyers who have failed this requirement. It can be embarrassing for the litigant and incredibly embarrassing for the lawyer when this occurs.

Where the deponent is a party in a family law parenting proceeding, and they do not disclose their residential address, they must provide their residential address to the Court by email. The Court will record the address as ‘not to be disclosed’, other than by a court order: see rule 8.15(2) of the Family Law Rules.

Some Tips for helpful affidavits

I end this Guide with the following checklist that is critical to a well drafted affidavit:

1. Organise Your Information: Before drafting the affidavit, organise all relevant information and documents related to the case.

2. Be Clear and Concise: Keep your affidavit clear, concise, and to the point. Avoid using legal jargon or complex language that may be difficult for others to understand. Clearly state the facts of the case and avoid including opinions or speculation.

3. Include Only Relevant Information: Ensure that the information included in the affidavit is relevant to the case. Avoid including extraneous details that may distract from the main points. Stick to the facts that are directly related to the issues being addressed in the legal proceedings.

4. Use Specific Examples and Dates: Provide specific examples and dates to support the facts stated in the affidavit. This helps to establish credibility and demonstrates that the information provided is accurate and reliable.

5. Provide Supporting Evidence: Include supporting evidence such as documents and photographs to corroborate the facts stated in the affidavit. This helps to strengthen your case and provides additional credibility to your claims.

6. Swear or Affirm the Truthfulness: Affirm or swear under oath that the information provided in the affidavit is true and accurate to the best of your knowledge and belief.

7. Review and Revise: Carefully review and revise the affidavit before finalising it. Check for any errors or inconsistencies in the information provided and make any necessary corrections. It may also be helpful to have someone else review the affidavit to ensure clarity and accuracy. It may also be helpful to wait a day or two before finalising the affidavit.

8. Seek Legal Advice: If you are unsure about how to draft an affidavit or what information to include, seek legal advice from an experienced family lawyer. They can provide guidance and assistance to ensure that your affidavit meets the necessary legal requirements and effectively presents your case.

This guide seeks to provide assistance with drafting helpful affidavits but it does not negate the need to seek experienced legal advice from an experienced resolution based family lawyer.

When in doubt we invite you to call us for an initial consultation. For more information you can email us on info@alslaw.com.au. and communicate with Sophie or Elena on how we may help you through your legal journey.

Blogby Elena Leonardos

Our Legal Guide to Surrogacy in South Australia.

Are you wanting to know more about Surrogacy? Ask us, we are here to help.

Surrogacy is certainly on the rise, both locally and on a global scale. In Australia adoption is heavily regulated, which makes helping a child in need difficult. Surrogacy is now becoming a more acceptable option for intended parents.

Sadly, some women are unable to conceive or maintain a pregnancy. It could be devastating. The reasons are plentiful; you could have a medical issue, be without a partner, be in a same sex relationship. Whatever the reason, you need to know the facts and the law surrounding surrogacy.

Surrogacy, what is it?

Surrogacy is an arrangement where a woman becomes pregnant with, and gives birth to, a child for another individual or couple without an intent of having any legal rights to that child after its birth. Surrogacy is lifechanging for those who desperately want a baby but have been unable to use traditional methods.

Surrogacy laws in Australia

There are two different types of surrogacies:

  • Traditional surrogate – involving the surrogate providing their own egg.; and
  • Gestational surrogacy – where the sperm and egg (genetic material) are provided by the intended parent or a third party.

Surrogacy arrangements have been known to be either altruistic or monetary/commercial.

Altruistic surrogacy does not involve any financial profit or reward. However, usually the surrogate’s medical bills and other costs associated with the pregnancy are paid by the intended parents.

Commercial surrogacy involves the surrogate receiving a financial gain from the intended parents in addition to the other costs associated with the pregnancy.

The Australian laws regulating surrogacy are not uniform across the States, meaning, that they can be quite different.

For instance, currently, the Northern Territory has no regulations at all. Lack of regulation contrary to what one may believe can actually further complicate things. This is because the surrogate and intended parents do not know their rights and obligations.

Regulation is protective, particularly to the birth mother.

For all states and territories excluding the Northern Territory, there are some general uniform Laws that apply:

  • Commercial Surrogacy is illegal in Australia.
  • A surrogate must be at least 25 years old before being allowed to act as a surrogate. However, in the Australian Capital Territory they must be over 18 years old.
  • Generally, a medical need for surrogacy is required. In New South Wales, Tasmania, Queensland and Victoria social reasons are considered such as being in a same sex relationship. The Australian Capital Territory does not have medical or social requirements.
  • In the states of Victoria, Tasmania and the Australian Capital Territory, surrogates must have already given birth to a child prior to becoming a surrogate.
  • Surrogacy is open to same-sex couples in all States and Territories excluding Western Australia.
  • A written surrogacy agreement setting out conditions is required except in Victoria and the Australian Capital Territory.
  • Traditional surrogacy is not permitted in the Australian Capital Territory.
  • Intended parents cannot advertise or publish on social platforms their intent to find a surrogate. You are not allowed to advertise (whether seeking a surrogate or wishing to be a surrogate) in the Australian Capital Territory, Queensland and Victoria.

Surrogacy laws change from place to place. Intended parents, and those considering becoming a surrogate, should speak to an experienced family lawyer.

Surrogacy options overseas

Overseas surrogacy has had disastrous consequences on surrogates and intended parents.

During the Covid19 travel bans, dozens of babies born through cross border surrogacy were stranded in temporary overseas accommodation. Babies were placed in danger and there was a risk of being sent to orphanages or even being abandoned.

Many intended parents were placed in a dire economic position and unable to assist the surrogate. Surrogates whom had high levels of vulnerability due to poverty were unable to attend medical appointments. The consequences were far reaching.

It would be exceptionally difficult to understand which law applies in the particular country selected and what laws will impact your child upon a return to Australia.

Some countries allow commercial surrogacies.

When considering whether to enter into an overseas surrogacy arrangement it is imperative that you obtain advice from an experienced family lawyer.

You need to know about the laws around international surrogacy in both your State or Territory and in the country where the surrogate mother is located or lives.

Is some States such as the Australian Capital Territory New South Wales and Queensland it is illegal to make a commercial surrogacy arrangement outside of Australia. Parents who do this face serious consequences upon their return.

With minimal provision for regulating surrogacy facilitators in Australia, there are risks of utilising illegal intermediaries. These intermediaries may or may not be participating in the trafficking of children and women. It is a very real human rights issue.

There can also be implications for the citizenship of the child. Citizenship of such children is not an automatic right and certain applications must be made.

It may be necessary to create a complex surrogacy arrangement that incorporates elements about Family Law both in Australia and the Country of the Surrogacy.

Parentage Orders and Surrogacy

The legal complexities of surrogacy do not end there.

Further complexity arises as consideration must be had for Parentage Orders. Parentage Orders are an Order by the Court to amend the Birth Certificate of a child to reflect the intended parents of a surrogacy agreement as to the child’s parents.

Laws on Parentage Orders may be governed by statutory time limitations.

Before embarking on the thought of overseas Surrogacy, we highly encourage you to reach out and have a consultation with us.

Obtaining proper advice from an Experience Family Lawyer will help keep you and your family safe during what should be an amazing new chapter of your life.

South Australian analysis of the law:

Eligibility:

The law in South Australia requires intended parent(s) to have a medical or social need for surrogacy. Surrogacy may be one of the only options available to intended parents. To enter into an agreement, you must be over 25 years old, an Australian Citizen or Permanent resident and have at least one intended parent domiciled in South Australia.

Locating a woman prepared to be your surrogate?

Often family or friends are utilised for surrogacy. If not, finding a surrogate may prove quite difficult. We recommend looking at community groups on social media specific to this issue. This can provide you with some insight from those who may have been through the journey.

In South Australia, you are allowed by law to advertise for your surrogacy but this is contingent upon the surrogacy being altruistic. To be very clear, you cannot advertise a commercial surrogacy.

Is a Surrogacy Agreements Pivotal? Yes!

A Lawful Surrogacy Agreement is essential for those utilising surrogacy in South Australia. Our state has specific pre-conditions to ensure the integrity of ethical and legal considerations.

All parties to a Lawful Surrogacy Agreement in South Australia must have been provided with independent legal advice.

That advice ought to be obtained by an experienced family lawyer to avoid any potential complications with the agreement. A lawyer experienced in surrogacy will be able to explain the legal process and the eligibility criterion to be met under the Surrogacy Act 2019 (SA).

In a bizarre twist, a Lawful Surrogacy Agreement is not enforceable, but it is still none the less required to be in place prior to the conception of the child.

The intended parent(s) are required to make an application in the Youth Court for Parentage Orders after the child’s birth. That process is to transfer parentage from the facilitating the transfer of parentage from the birth parents to the intended parent(s). If the parents neglect to do this, they will likely need to explore alternative legal options to be recognised as the child’s legal parents.

A requirement of Surrogacy Counselling

The intended parents and surrogate must have counselling prior to the finalisation of the Surrogacy Agreement.

The law makes it clear that this counselling service must be accredited to providing provide counselling, consistent with the guidelines published by the Australian and New Zealand Infertility Counsellors Association (ANZICA) and any relevant guidelines published by the National Health and Medical Research Council.

The counselling aspect assesses the suitability of all parties in this process. The goal here is to ensure or reduce the risk that the intended parents and surrogate understand any psychological and social implications associated with the agreement.

Pre-signing counselling is also required to ensure parties interest align with the most paramount consideration, the best interests of the child. The other pivotal role of counselling is to inform the parties and make them prepared for this journey.

Contact us, we can help

If you have any questions about the surrogacy process or are considering surrogacy you can contact Elena Leonardos on 08 8312 6440 or email us on info@alslaw.com.au.

Case Studiesby Elena Leonardos

Calls to reform compensation payments for victims of crime

Lawyers say ‘bank of mum and dad’ driving rise in ‘prenup’ requests

By Geraden Cann

Posted , updated 

WATCH

Duration: 2 minutes 52 seconds
 
Lawyers say more Australians are planning for divorce and separation.

Antoinette Sagaria and her wife have been married for five years, have a daughter and are very much in love, but they are getting a binding financial agreement (BFA) — Australia’s equivalent of a prenup.

To many, getting a BFA after you are already married may seem odd, but Ms Sagaria has seen how bad things can get when relationships break down.

She is the director of property at mortgage brokerage Entourage and, as well as advising homebuyers on BFAs, she is often appointed by court order when a partnership ends and couples have to sell property.

Antoinette Sagaria sitting on a chair in the middle of a room.

 

 
Antoinette Sagaria got a binding financial agreement with her partner after she observed other peoples’ relationships break down.(ABC News: Richard Sydenham)

It was witnessing how “agonising and expensive” separation could be without a BFA that “massively contributed” to her and her wife’s decision to get one.

“Seeing how hard those conversations were initially made us realise there is no way you could have these conversations when you don’t love each other and it not become a disaster,” she said.

“Everyone knows someone who has been through a messy divorce.”

She and her partner want safety and security, and to have the discussion while in love, and wanting the best for each other.

Ms Sagaria is not alone. Several law firms told the ABC requests for BFAs had increased substantially.

One of the country’s largest family law firms reports requests for BFAs jumped 79 per cent in a year, while multiple others reported a doubling of requests since the pandemic.

Lawyers said drivers included the “bank of mum and dad” insisting upon them in return for helping their children purchase a home, increased demand from those entering second and third marriages, and an economic environment that pushing more people to protect their wealth and assets.

Divorce rates rise and the number of BFA enquiries follow

Divorce rates hit an all-time high in 2021, with 56,244 finalised, although the Bureau of Statistics attributed this partly to administrative changes that helped clear a pandemic backlog.

The number of couples applying for divorce also spiked during this period.

ASX-listed firm Australian Family Lawyers reported enquiries for BFAs rose from 153 in the first half of 2022 to 274 in the same period of 2023 across its 22 national offices. The firm’s head of family law in Victoria, Bill Kordos, said demand had continued to rise since.

There is no register of BFAs, so official statistics are hard to come by, but Mr Kordos said the firm’s lawyers were writing BFAs daily.

“It’s really coming from the bank of mum and dad because young people are entering into their homes with the biggest transition of generational wealth we have ever seen,” he said.

“It’s the wealthier parties that are providing the significant injection of funds who are saying, ‘We don’t mind giving it to you, but we don’t want it flushed down the drain if something goes south. We worked hard for that money, so there’s a conditional string attached to the gifting.’

“It is a mood killer, but I think romance and relationship psychology isn’t what it used to be.”

Bill Kordos sitting in front of a wall of different coloured art work holding reading glasses in his hand.

 

 
Bill Kordos says in a lot of cases a discussion about a BFA enhances a relationship. (ABC News: Billy Draper)

Mr Kordos said the cost of living and exclusionary house prices meant anyone with wealth was increasingly concerned about holding onto it.

The bank of mum and dad is becoming an increasingly powerful force within the market as well, with a Productivity Commission report estimating it to be between the fifth- and ninth-largest home mortgage lender by book value.

Young Australians also appear to increasingly feel they need help, with 2021 research reported by the Australian Housing and Urban Research Institute (AHURI) showing 40 per cent of early-career adults (aged 25-34) surveyed in Sydney and Perth expected family assistance to buy a house.

Mr Kordos’s experience concurs with the data.

“With most of my cases, I believe most of the couples would never be able to get into the property market without the assistance of the bank of mum and dad,” he said.

Mr Kordos said that while in some rare cases a discussion about a BFA led to a split for his firm’s clients, he said most couples told him it had enhanced their relationship because everyone knew where they stood.

Most people still avoid tough conversations, experts say

The bank of mum and dad might be a driving force behind BFAs, but University of Newcastle youth sociologist Julia Cook said most people were still avoiding tough conversations about money.

Dr Cook recently completed a three-year study of 80 people who either received or lent money to a family member to buy a home.

Despite sums often being large, none of the 80 participants got a BFA, and most relied on verbal agreements.

Interracial couple embracing on their wedding day

 

 
Experts say prenups can be a difficult conversation to have with a partner.(Unsplash: Jakob Owens)

Where any form of written agreement was in place, it was an email or a short document that both parties signed and then left in a drawer.

“I did kind of gently ask some of the parents, ‘Have you considered what might happen to this assistance you’re providing if your child was to break up with their partner?'” Dr Cook said.

“They would generally say, ‘Yes, I’ve thought about it and thought about asking them to sign something, but I just ultimately felt like I couldn’t bring that up because it would be questioning their relationship and it would be inappropriate.'”

She said the lenders and borrowers often viewed things differently, with one seeing the money as a gift, and the other as a loan.

“There are hints of things that could go wrong in quite a few of the situations,” she said.

The limitations of BFAs

Barry Nilsson family law principal Will Stidston estimated demand for BFAs had doubled since the pandemic, but clients sometimes had the incorrect assumption they were straightforward.

In reality, there are a lot of technicalities involved to ensure they are enforceable.

“They shouldn’t be cookie cutter,” he said.

A professional headshot of Will Stidston wearing a suit and glasses.

 

 
Will Stidston estimates BFAs have doubled since the pandemic. (Supplied: Barry Nilsson)

He said clients should also revisit the document periodically or after large life events, such as the birth of a child, the purchase of a home the or sale of a business, to check it was still fair and to minimise the risk either partner might challenge it in the event of a split.

Mr Nilsson said BFAs usually cost a minimum of $10,000, but could be substantially more depending on the assets the parties held and the complexity of their situation.

Sydney-based firm Barkus Doolan Winning partner Melinda Winning said cultural awareness about BFAs was increasing, and they were increasingly viewed as an effective legal agreement.

She said in the 24 years since BFAs were first introduced, case law had developed to the point that lawyers were much clearer on the dos and don’ts of writing up an effective agreement.

Melinda Winning

 

 
Melinda Winning says BFAs were increasingly viewed as an effective legal agreement. (Supplied: Barkus Doolan Winning)

Geoffrey Dickson KC is a barrister and chair of the Family Law Bar Association of Victoria.

As a barrister his involvement usually starts during a separation, although increasingly he is asked by solicitors to vet BFAs they are writing up.

He estimated a 20 per cent rise in such requests and said demand for BFAs could have jumped more significantly because he was usually only consulted on agreements involving the very wealthy.

Mr Dickson said for BFAs to remain effective, signatories had to live by the rules they set out, particularly when it came to how they acquired and held assets post-union.

For example, if a couple agreed the wealth they brought into a relationship would be protected in the event of a split, and then used one partner’s money to buy a home that was jointly owned, that could create an issue enforcing a BFA.

“They’re only as good as the way you live your life, unfortunately,” Mr Dickson said.

The most common mistake made when creating a BFA was not including a provision for what happened if a couple had children.

“If you don’t do that, the agreement is pretty dead,” he said.

He said buyer’s remorse was the most common reason for challenging a BFA, and a deal that was too good for one party could be a pitfall because judges would look at such BFAs more critically.

Bride and groom figurines on white wedding cake.

 

 
Lawyers say clients should revisit BFAs periodically to minimise the risk either partner might challenge it.  (ABC News: Clarissa Thorpe)

It is not a judge’s job to rule on whether an agreement is fair but they can assess whether a BFA is appropriately written up and administered and set a BFA aside if it is not.

“They have to do so within the confines of the law, but if you make it too one-sided, they’ll try particularly hard to find a chink in the armour,” Mr Dickson said.

He said if there was the prospect of a BFA being challenged, most would still try to resolve a split out of court because the stakes were high in such situations.

Parents encouraged to suggest BFAs when lending to children

Caroline Counsel, principal at Caroline Counsel Family Lawyers and a spokesperson for the Law Institute of Victoria, said she had also noted a steady increase in requests but put the rate considerably lower than the other firms spoken to, estimating a 25 per cent rise over five years.

She preferred not to refer to BFAs simply as financial agreements because ultimately it was the court that would decide if they were binding, should either party challenge them.

Ms Counsel said realistically there were not any alternatives to a BFA if the agreement was just between two partners, but other arrangements were possible where the “bank of mum and dad” were involved, including a registered or unregistered mortgage, where the parents were the mortgagee.

These gave parents security of repayment if, for example, a marriage failed, and the property was sold.

However, the legitimacy of the mortgage could be challenged if compliance with the terms of the mortgage were allowed to slide — for example if the parents allowed skipped repayments.

Another alternative was some form of loan agreement, but this too could be subject to attack, depending on the behaviour of the parties.

Ms Counsel said if parents were concerned, she would always recommend a BFA because they could be direct parties in the agreement and because the terms could be constructed to be more enduring.

Ultimately, it was security that Sagaria and her wife also wanted, and she likened a BFA to marriage insurance.

“It is confronting, and they are not cheap to get in the first place, but then neither is house insurance, neither is car insurance, neither is medical insurance,” she said.

Posted , updated 

Case Studiesby Elena Leonardos

Passage of landmark family law reforms

“The Parliament has today passed two significant pieces of legislation to make Australia’s family law system simpler, safer and more accessible for separating families and their children.

Family Law Amendment Bill

The Family Law Amendment Bill 2023 will ensure the best interests of children are at the centre of all parenting decisions made inside or outside the courtroom and will make the system easier to navigate.

Significantly, the amendments passed today repeal the presumption of ‘equal shared parental responsibility’ provisions in the Family Law Act 1975. In 2017, a bipartisan parliamentary committee found that these provisions were confusing, that they failed to prioritise the safety of children and that they were being improperly applied in a way that put children at risk. These findings are consistent with the overwhelming consensus of family law experts.

Under the new laws, parenting decisions will have to be based solely on what is in the best interests of the child.

The new laws also include:

  • requiring Independent Children’s Lawyers to meet directly with children;
  • greater powers to protect parties and children from harmful effects of protracted and adversarial litigation;
  • a definition of ‘member of the family’ in the Family Law Act that is inclusive of Aboriginal and Torres Strait Islander concepts of family and kinship;
  • simplified compliance and enforcement provisions for child-related orders;
  • powers to enable government to regulate family report writers;
  • ensuring that children’s voices are heard more easily in matters under the Hague Convention on the Civil Aspects of International Child Abduction.

These reforms are long overdue and will improve the lives of Australian families. In the nine years the former government was in office there were more than two dozen reviews into the family law system, with hundreds of recommendations that were simply ignored.

The Albanese Government is ensuring separating families are safer by acting where the former government failed to deliver for so many years.

Family Law Amendment (Information Sharing) Bill 2023

The Family Law Amendment (Information Sharing) Bill 2023 will ensure courts have access to the full picture of family safety risk in order to prioritise the safety of children and families, particularly in circumstances where there is risk of child abuse, neglect or family violence.

This important change progresses the Government’s commitment to ending gender-based violence in a generation.

The Bill:

  • establishes two new information sharing orders to allow courts to directly and quickly seek information from police, child protection and firearms agencies about family violence, child abuse and neglect that could place children at risk;
  • allows a court to make these orders at any point during proceedings so information is accurate and up-to-date; and
  • will ensure sensitive information is only disclosed in a safe and appropriate manner.

This Bill is informed by the Australian Law Reform Commission’s 2019 report Family Law for the Future – An inquiry into the Family Law System and reflects the Government Response to the Joint Select Committee on Australia’s Family Law System.

The Government’s legislation will see more family law matters resolved quickly, safely and inexpensively without compromising the safety of family members.

The Government recognises the advocacy of those with lived experiences of family and domestic violence. Their stories have been central to the development and passage of these important reforms and I thank them for their contributions.

These long-overdue reforms are significant but we know there is more work to be done. An exposure draft of a second Family Law Bill has already been released for consultation to further improve the family law system.”

Blogby Elena Leonardos

Separation and Divorce: 6 Common Mistakes to Avoid

Divorce and separation are challenging life events, even when families manage to agree on a sensible separation plan.

This is because the ending of this stage in your life could elicit feelings of grief, anger, guilt, loneliness, regret, sadness and more.

There is nothing wrong with feeling these emotions, and it is entirely normal to feel this.

Unfortunately, such emotions may cause separating couples to make the wrong decisions.

These decisions can have a lasting negative impact on the lives of the people you love and even your children, friends and family.

It can impact the people you love, both financially and emotionally.

The decision to separate or divorce can change the course of your life.

Even if you and your former partner are ending the relationship on good terms, there are issues to resolve such as – time spending with the children, division of your property and superannuation.

If you proceed with the correct process, you can avoid divorce mistakes that increase stress and waste your time, energy and money.

Safeguarding yourself against mistakes in the process of divorce is critical to an efficient solution. Any decision taken in the heat of the moment or with incomplete information can turn all the major aspects of your life upside down.

If you are considering a divorce in Australia, here are 6 most common divorce mistakes you should avoid:
Mistake 1: Letting Emotions drive the process

It is often difficult to detach yourself emotionally during separation.

This makes it hard to understand what is happening and see your divorce and separation clearly.

Family and friends can be supportive, but your heightened emotions can prevent objective decisions.

Make sure your decisions are rational and try to keep your emotions separate.

There might come a time, like during litigation, when you have to be logical and fully in control, but intense feelings will want to take over.

Ensure that any legal decision you take is thought through with a stable mindset before reaching any conclusion.

Make sure that you have a solid support system in place.

Mistake 2: Unrealistic Expectations about divorce

Separating families should have realistic expectations about what the law can and cannot do for them.

Remember if you are not ready to compromise, the matter will be handled by the court and a Judge or Senior Registrar, will take away your right to make a decision.

They will decide for you. The objective of negotiations should be to reach a common ground that works for both parties.

While you are discussing legal and settlement terms, try to be reasonable and realistic.

Empower yourself with knowledge on your rights, obligations and options.

Mistake 3: Taking advice from random people rather than your lawyer

While you are going through the process of divorce, there will be different friends and relatives who might have gone through the same and would like to help.

They chime in and despite wanting to genuinely help you (or not) the advice is not always good.

Your friends, family, school parents or the like who have gone through a divorce are unlikely to be legally trained.

They will not be able to give you legal advice based on expertise and knowledge.

At best you will likely get a rant or opinion based on their experiences. It is wholly unlikely that they know what is right for you.

So, you should not listen to well meaning opinions of the layperson and look to the paid professionals.

Be practical and sensible, follow the advice of your lawyer.

If you do not think your lawyer is doing the right thing, discuss this with them and see if you can resolve any confusion or issues.

Mistake 4: Being unable to identify, value or separate your property

Another common mistake in divorce and separation is that parties fail to identify their assets and the true value of those assets.

This mistake can cost you tens, if not hundreds of thousands of dollars.

The parties should negotiate and reach an informed decision on how the property will be divided.

The division should be such that both parties’ contributions and future needs are considered.

The property division must comply with the legislative requirements of the act and be fair and reasonable.

If investing in an expert to value property such as a home is necessary, we can direct you to a cost effective expert.

When you try to resolve your dispute without proper knowledge of the value of your assets, what you do is create a larger disparity in the actual division of your assets.

Paying a few hundred dollars to have your home valued is essential for peace of mind.

Mistake 5: Assuming that issues will be resolved with time

You and your former partner are going to play the main role in determining the outcome of your divorce and settlement. People tend to forget this.

Divorce is indeed not a passive process and issues are not going to be resolved with time if you delay them.

Therefore, keep your long-term key interests in mind to make rational decisions.

Remember that delaying the key steps in divorce and separation can further complicate the process and make it more stressful, costly and time consuming.

When parties cannot agree, ask your lawyer for the option of least resistance.

For instance, some negotiations can go on for years without resolution.

You may have spent $10,000 on that process with no result.

A good lawyer knows when to start litigation, when to mediate and when to negotiate.

Where expectations of one party are not realistic, you can chat to your lawyer about options available to you so that there may potentially be a recovery of legal costs.

Mistake 6: Posting personal information online

No matter what relationship you share with your former partner, divorce is an emotionally draining life event.

In this phase of life, it is obvious that you would like to connect with your family and friends and let them know what you are going through.

Keep in mind it is that it is not a good idea to post your thoughts, feelings, and experiences on online platforms.

It also breaches the Act and you could be penalised by the Court.

Resist the urge to post anything about your divorce or separation online, make sure you refrain from using social media until the divorce is finalised.

What now?

Before planning a divorce in Australia, a well-thought-out strategy is a must.

Your first step starts with meeting the right lawyer who will handle the entire process for you.

A good family lawyer will help you understand the law and you’ll refrain from making the mistakes that can complicate your divorce.

If you are looking for an experienced lawyer to help you navigate this next phase, please call us on (08) 8312 6440 or email us at info@alslaw.com.au to make an appointment.

Elena and the team look forward to helping you resolve your matter.

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