Articles

Global families – where should the case be heard?

Today’s increasing globalisation means that the numbers of couples and families who are temporary or permanent residents, own property, have property interests and/or run businesses in other countries is on the rise. In cross-border disputes after relationship breakdown, where you litigate can impact outcomes. This paper looks at how jurisdictional and forum issues are dealt with in cross-border family law disputes in Australia.

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What Is A Binding Financial Agreement?

A Binding Financial Agreement is a legal contract between partners or former partners that outlines how assets, property, and finances will be divided in the event of a relationship breakdown, thereby avoiding court involvement. Defining a Binding Financial Agreement In Australia, a binding financial agreement (BFA) is a...

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Bankruptcy & Family Law in Australia

Family law matters can be complex at the best of times, but if one spouse becomes bankrupt matters can become far more complicated. Under the Bankruptcy Act 1966 (Cth) in Australia, a person may apply for voluntary bankruptcy if they: Are unable to pay their debts as and when they fall due (insolvent); and Have a connection to...

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Super-Size Me: Superannuation Splitting and Family Law

First published 10 March 2023, updated 27 November 2025 and June 2026 Introduction Most property settlements under the Family Law Act 1975 (Cth) (FLA) involve a consideration of superannuation. Even the smallest property pools will usually include some superannuation. On 1 July 2025 the Superannuation Guarantee (SG)...

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