LawWise Australia

Binding Financial Agreements in Australia: What You Need to Know Before Marriage A Binding Financial Agreement (BFA), often called a prenup or postnup, lets couples set out how assets will be divided on separation. Under the Family Law Act, BFAs can save time, cost and uncertainty—but must meet strict requirements.  1. What Is a Binding Financial Agreement? A BFA is a private contract between de facto partners or spouses specifying financial and property arrangements if the relationship ends. It can cover property division, spousal maintenance and superannuation splitting. 2. Who Can Enter a BFA? Eligible parties include: Ready-to-marry couples (prenup). Married couples at any time (postnup). De facto couples (including same-sex partners). 3. Formal Requirements To be valid, each party must: Obtain independent legal advice on the effect and disadvantages. Sign the agreement, with each lawyer certifying advice given. Ensure all assets and liabilities ar...

How Child Custody Is Determined in Australia: A Step-by-Step Guide When parents separate, decisions about where and with whom children live can be challenging. Australian courts apply a clear framework to ensure outcomes serve the child’s best interests. Follow these five steps to understand the process.  1. The “Best Interests” Principle The Family Law Act prioritises a child’s safety and wellbeing. Courts consider health, emotional ties, and each parent’s capacity to care for the child. 2. Parental Responsibility & Care Arrangements Court assesses who makes long-term decisions (education, healthcare) versus who has day-to-day care. Shared responsibility is encouraged when safe and practical. 3. Child’s Views & Maturity Children old enough to form an independent view may have their wishes heard by an AVO or Family Consultant, though weight given depends on age and maturity. 4. Parental Capacity & Support Network Ability to provide stability, schooling, m...

Enduring Power of Attorney in Australia: What It Is & How to Set One Up An Enduring Power of Attorney (EPA) lets you appoint someone to manage your financial and legal affairs if you become unable to do so yourself. Here’s how to create one that’s valid in Australia.  1. What Is an EPA? An EPA is a legal document that survives your incapacity. Unlike general powers of attorney, which end if you lose decision-making capacity, an EPA continues to operate. 2. Choosing Your Attorney Pick a trusted person (or up to two jointly) who understands your wishes and is willing to act. You can appoint a primary attorney and a backup. 3. Legal Requirements & Signing Requirements vary by state/territory but generally include: You must be over 18 and have capacity when signing. Use the correct form for your jurisdiction (e.g., NSW EPA form). Sign in front of two adult witnesses (one must be a qualified witness). 4. Activation & Scope You decide whether the EPA ta...

How to Make a Will in Australia: A Simple Guide Creating a will ensures your assets go to the people you choose and reduces family disputes down the track. Follow these five steps to draft a valid will under Australian law.  1. Choose an Executor Select a trusted person (or professional service) who will carry out your wishes. Confirm they’re willing and understand their duties: collecting assets, paying debts and distributing inheritances. 2. Identify Your Assets & Beneficiaries List all significant assets—property, bank accounts, superannuation, investments—and specify who gets what. Be clear (e.g., “my 2019 Holden Colorado to Alice Smith”). 3. Appoint Guardians for Minor Children If you have children under 18, name a guardian in your will. Without this, a court may decide who looks after them. 4. Sign & Witness Correctly Under the Succession Act, you must sign your will in front of at least two adult witnesses (who are not beneficiaries). All three must sign ...

Understanding Spousal Maintenance in Australia Spousal maintenance can provide critical financial support when one partner cannot adequately support themselves after separation or divorce. Here’s what you need to know to navigate the process in Australia.  1. Definition of Spousal Maintenance Spousal maintenance refers to ongoing payments from one ex-partner to another to meet reasonable living expenses when the recipient cannot fully support themselves. 2. Eligibility Criteria To qualify, you must demonstrate three things: You cannot adequately support yourself. Your former partner has the capacity to pay. You did not obtain a property settlement that adequately covers your needs. 3. Factors Courts Consider Courts look at: Age, health and ability to work of each party Income, property and financial resources Care of children and other responsibilities Standard of living during the relationship 4. How to Apply 1. Try mediation or negotiation fi...

5 Steps to Choose a Divorce Lawyer in Australia Facing a divorce can be one of the most stressful times in your life. The right lawyer will guide you through legal requirements, protect your interests, and help you move forward. Follow these five steps to find a solicitor who’s the best fit for your situation. 1. Verify Qualifications & Registration Ensure your lawyer is admitted to practice in your state or territory. Check the local Law Society or Law Institute registry to confirm their credentials and any disciplinary history. 2. Specialization in Family Law Family law covers many issues beyond divorce—child custody, property settlement, spousal maintenance. Choose a solicitor or firm with a dedicated Family Law team and proven results in your local jurisdiction. 3. Transparent Fee Structure Ask for a detailed fee schedule: hourly rates, fixed-fee packages, and additional costs (e.g., court filing fees). A clear quote helps you budget and avoids surprises down th...