top of page
Resume
Contract Review
Law Firm
Court
Courthouse
Speaking with the Judge

Family Law Brisbane

Home: Welcome

Family trusts in family law: when are they considered “property”?

Understanding control, beneficial interest and the significance of Caldwell & Caldwell [2026] FedCFamC1A 81. Family trusts have long been used in Australia to preserve wealth across generations, protect assets and manage tax outcomes. But when a relationship breaks down, the question becomes sharper: can trust assets be treated as “property” in family law proceedings? The Full Court’s decision in Caldwell & Caldwell reshaped the answer. It puts the spotlight on who controls t

Retaining A Meaningful Relationship with Both Parents

Healthy and meaningful relationship Last year a Court dispute between Brad Pitt and Angelina Jolie resulted in the Superior Court of Los Angeles County imposing an order for the five children to spend more time with their father. When providing reasons for the judgment, the Court provided “it is critical that each child have a healthy and meaningful relationship with both parents”. The new order changes the original full-time custody arrangements in favor of Jolie to allow Pi

The importance of financial finality in separation

Separation is a major turning point in people’s lives: emotionally, practically and legally. Yet one of the most overlooked parts of this transition is the need for financial finality. Without it, former partners stay financially tied together long after the relationship ends. That can expose them to future claims, tax consequences and avoidable costs. What financial finality really means Financial finality is the point at which your financial relationship with your former pa

Can an Australian Binding Financial Agreement work overseas, and can it protect overseas assets?

Binding Financial Agreements (BFAs) are a well-known part of Australian family law. They are often used to set out how property will be divided if a couple separates. But once overseas assets or a move overseas enter the picture, a common question comes up: does a BFA still hold weight outside Australia, and can it actually protect assets held overseas? The short answer is that BFAs are powerful within Australia. Their effect overseas depends on the laws of the country involv

When is a judge required to step aside? Understanding apprehended bias in family law cases

Confidence in the justice system depends on one core principle: judges must be impartial, and must be seen to be impartial. In family law matters, emotions run high and decisions can permanently affect children, finances and futures. Even the appearance of bias can undermine trust in the outcome. So when does concern about a judge’s conduct move from discomfort to a legally recognised reasonable apprehension of bias? And what does the law actually require before a judge can b

When a Binding Financial Agreement Fails

What It Could Mean for You A Binding Financial Agreement, or BFA, is meant to give you certainty. It sets out in advance how your property and finances will be divided if your relationship ends, so you are not left guessing. But that certainty only holds up if the legal advice behind it was genuinely thorough. When it wasn’t, the agreement can fail, and the consequences can be serious for everyone involved. Why the quality of advice matters so much Under the Family Law Act 19

Why Legally Savvy Couples Say ‘Yes’ to a Binding Financial Agreement Before Saying ‘I Do’

When you’re in love and planning a life together, the last thing on your mind might be what happens if things don’t work out. But being prepared for the unexpected is not just smart it’s essential. Just like taking out insurance, a Binding Financial Agreement (BFA) offers peace of mind and legal clarity should your relationship end. It allows couples to define in advance how their property, assets, and financial responsibilities will be managed if they separate. At James No

How Long Does It Take To Get A Divorce?

Before granting a divorce, the Federal Circuit and Family Court of Australia must be satisfied that there is no chance of reconciliation...

Preparing for Mediation Success

For a Successful Mediation Mediation is a form of Alternative Dispute Resolution (ADR) where parties can negotiate the property and or...

Home: Blog2
  • Facebook
  • Twitter
  • LinkedIn

©2019 by Family Law Brisbane. Proudly created with Wix.com

bottom of page