Family Law

Yes, a financial agreement can be changed after it’s signed, but only under specific legal circumstances and only if the Agreement is terminated and a new Agreement entered into. Aleena Mills from MBA Lawyers explains that agreements, while often called “binding,” can be set aside if there’s non-disclosure of assets, duress, or unfairness. For changes, both parties must agree, and transparency is crucial. Aleena advises ensuring agreements are “as equitable as possible” to reduce the risk of challenges. If you’re considering amending an agreement, MBA Lawyers can guide you through the process and ensure compliance with legal requirements.

Custody decisions in Australia are primarily guided by the best interests of the child, as set out in the Family Law Act 1975. As Aleena Mills from MBA Lawyers explains, “It’s all about what’s in the child’s best interests, and that can look very different from one family to another.”

Key factors influencing custody arrangements include:

• Parental Roles and Responsibilities: The court considers how each family has managed parenting responsibilities up to that point — “what that family’s been doing and how it’s worked for them.”

• Children’s Needs: Each child’s emotional, physical, and developmental needs are carefully assessed.

• Parental Capacity: The ability of each parent to provide a stable, safe, and supportive environment is crucial.

• Existing Relationships: Courts look at the quality of the child’s relationship with each parent, as well as each parent’s willingness to support the child’s relationship with the other parent.

• Family Dynamics: Every family is different, and the court evaluates the unique circumstances and history of each case.

Importantly, custody decisions are not based on a default 50/50 split. As Mills clarifies, “There is nothing in the Family Law Act that starts you off at 50/50.” Each situation is assessed individually to ensure the outcome supports the child’s well-being, not a predetermined formula.

For families navigating this process, MBA Lawyers—with offices in Brisbane and the Gold Coast—offers expert legal guidance tailored to each family’s needs.

Yes, parenting plans can be changed after a separation agreement if circumstances change significantly or if the current arrangements are not in the child’s best interests. Changes typically require mutual agreement between the parents or a court’s approval if disputes arise. At MBA Lawyers, Aleena Mills and our experienced team guide clients through the process of modifying parenting plans, ensuring that any adjustments meet legal requirements and serve the best interests of the child. Whether you’re based in Brisbane or the Gold Coast, we are committed to helping you navigate custody matters and make informed decisions that prioritise your family’s needs.

When drafting a financial agreement, strict legal requirements must be met to ensure its validity. As Aleena Mills from MBA Lawyers explains, financial agreements under the Family Law Act can be made before cohabitation, during cohabitation, and after separation for de facto relationships, and before marriage, during marriage, and after divorce for married couples.

For an agreement to be legally binding, both parties must adhere to the following:

1. Full Disclosure of Assets:
   It is imperative that both parties fully disclose their assets. Failure to provide complete and accurate information regarding the value and extent of assets can result in the agreement being challenged. As Mills emphasises, “transparency and honesty are crucial, particularly concerning the valuation and scope of assets.”
2. Independent Legal Advice:
   Each party must obtain independent legal counsel to fully understand the implications, advantages, and disadvantages of entering into the agreement. This ensures that both individuals are making informed decisions based on professional guidance.
3. Written and Properly Executed Agreement:
   The agreement must be meticulously drafted, clearly outlining the terms and conditions, and must be formally signed by both parties. A written document is essential to avoid ambiguity and ensure enforceability.
4. Absence of Duress or Undue Influence:
   For an agreement to be valid, it must be entered into voluntarily, without any form of coercion or undue influence. If a party is pressured into signing, the agreement may be invalidated. Mills references a case where an agreement was overturned because one party was taken to a solicitor’s office “the day before their wedding,” which was deemed to constitute duress.

While financial agreements help avoid costly litigation, Mills cautions that they are not without risk as courts can still set them aside in certain circumstances. To ensure enforceability, agreements should be drafted fairly and equitably, considering the future needs of both parties.

Yes, MBA Lawyers can assist if you and your spouse disagree on asset division during a separation. Aleena Mills, a family law expert and Partner at MBA Lawyers, emphasises the importance of seeking legal advice early in the process. She advises against making major financial decisions, like selling or buying assets, without understanding how they might affect the total asset pool, which remains subject to division until a settlement or court resolution is reached. MBA Lawyers help guide you empathetically while addressing your concerns and working toward a fair resolution tailored to your unique circumstances.

It’s essential to understand the legal framework surrounding this process, and MBA Lawyers can guide you through it. Legal separation involves complex emotional and financial issues, and MBA Lawyers, with specialised knowledge in family law, provide comprehensive support that addresses immediate concerns and long-term implications. Our team, including experienced professionals like Aleena Mills, ensures your rights and interests are protected while navigating property division, spousal maintenance, and parenting arrangements. Our empathetic and responsive approach ensures that clients feel supported throughout the challenging process of separation.

To protect their financial and parenting rights in a divorce, women should take proactive steps by seeking legal advice early. MBA Lawyers advises that women understand their rights regarding property division, spousal maintenance, and parenting arrangements. It’s crucial to gather financial documents, ensure assets are properly disclosed, and avoid making significant financial decisions without consulting a lawyer. In addition, securing appropriate living arrangements for children and maintaining their stability is often a priority. MBA Lawyers can assist in navigating these issues, ensuring that women’s rights are protected during this emotionally challenging time.

To ensure their financial agreements are fair and enforceable, clients should seek legal advice early in the process. Working with an experienced lawyer, particularly one with expertise in family law, can help draft agreements that reflect both parties’ interests and meet legal standards. The use of financial agreements, such as pre-nuptial or post-nuptial contracts, must comply with the relevant legislation, including full financial disclosure to avoid later disputes. At MBA Lawyers, we emphasise transparency and fairness, advising clients to consider long-term impacts, especially in cases involving children or unequal financial standing, to minimise the risk of the agreement being challenged in court.

At MBA Lawyers, we prioritise the best interests of the child by taking a holistic and empathetic approach tailored to each family’s unique situation. As Aleena Mills, a family law expert in Brisbane, explains, custody arrangements must focus on what works best for the child rather than assuming a default 50/50 split or applying a one-size-fits-all solution.

We carefully consider factors such as the child’s emotional well-being, stability, existing parental roles, and the importance of maintaining continuity in their life. Understanding each child’s individual needs and preferences is central to crafting arrangements that serve their long-term welfare.

To minimise stress and conflict, we encourage open communication and dispute resolution methods, avoiding unnecessary litigation whenever possible. Legal support is complemented by access to financial and therapeutic resources to assist parents throughout this challenging time.

For personalised advice on your specific circumstances, MBA Lawyers—serving Brisbane and the Gold Coast—are here to provide expert guidance.

Couples should consider entering into a financial agreement before or during marriage if they want to outline the division of assets in the event of a separation. This is often referred to as a “prenup” but applies to both de facto and married couples. Financial agreements can help avoid future disputes by clearly specifying how assets will be divided, reducing the emotional and financial strain of contested separations.

MBA Lawyers can assist couples in preparing financial agreements that are fair and legally sound. These agreements can be tailored to suit specific circumstances, such as protecting individual assets or addressing how future financial contributions will be managed. Whether before marriage or during the relationship, getting expert legal advice ensures that both parties are protected and understand the implications of the agreement.

In Australia, a prenuptial agreement is another commonly used term for a Financial Agreement made either before or during a relationship or marriage, sometimes also referred to as a cohabitation agreement. These types of agreements are made before or during marriage or cohabitation to predetermine how assets will be divided in case of a separation. A financial agreement under the Family Law Act can be created at any stage—before, during, or after a relationship (whether marriage or de facto)—and can also cover spousal maintenance, estate provisions, and other financial matters.

At MBA Lawyers, we help clients navigate these agreements to ensure their intentions are clear and legally enforceable, minimising future disputes and offering peace of mind.

Divorce cases often present challenges such as emotional distress, complex asset division, interim financial support and disputes over parenting arrangements. Clients may feel overwhelmed by immediate concerns, such as housing and financial stability, and require guidance on the long-term implications of their decisions.

MBA Lawyers address these challenges with a client-centred approach, prioritising empathy and clear communication. Our team ensures responsiveness, acknowledges emotional concerns and provides tailored advice to navigate legal and practical issues. By helping clients piece together their unique “puzzle” of circumstances, MBA Lawyers foster resolutions that align with their individual needs while emphasising efficiency and fairness.

After a separation, it is crucial to take immediate steps to protect your financial interests. MBA Lawyers recommends that you:

1. Consult a lawyer as soon as possible to understand your rights and obligations regarding property division and financial matters.
2. Avoid making major financial decisions like selling or purchasing assets without legal advice, as this may affect the division of the property pool, which remains subject to claims until the settlement or court decision.
3. Maintain the financial status quo, especially if you have been financially supporting your partner or children, to avoid triggering legal claims such as spousal maintenance.
4. Gather documentation of all assets, liabilities, and financial records to facilitate the legal process.

By securing early legal guidance, you can make informed decisions and protect your financial future during this challenging time.

Couples should consider entering into a financial agreement before or during marriage if they want to outline the division of assets in the event of a separation. This is often referred to as a “prenup” but applies to both de facto and married couples. Financial agreements can help avoid future disputes by clearly specifying how assets will be divided, reducing the emotional and financial strain of contested separations.

MBA Lawyers can assist couples in preparing financial agreements that are fair and legally sound. These agreements can be tailored to suit specific circumstances, such as protecting individual assets or addressing how future financial contributions will be managed. Whether before marriage or during the relationship, getting expert legal advice ensures that both parties are protected and understand the implications of the agreement.

When couples initiate a separation, particularly concerning children and property, it’s essential to approach the process thoughtfully and with professional guidance. Key considerations include maintaining stability for the children and not making any significant financial decisions, such as selling or buying property, without legal advice. The division of property and assets will typically be assessed from the time of settlement, not separation, so managing the current assets carefully is crucial. For those with children, it’s important to prioritise their needs and ensure their living arrangements remain as stable as possible.

MBA Lawyers recommend seeking legal counsel early in the process to understand your rights and obligations, helping to protect your interests and ensure a fair and reasonable outcome. Whether it’s navigating property division or making parenting arrangements, professional guidance can prevent costly mistakes and emotional stress.