Family Law Half Day Masterclass – Drafting Complex Agreements and Orders
Start time 8 Nov 2019 9:00am (Australia - Melbourne)
End time 8 Nov 2019 1:30pm (Australia - Melbourne)
Location Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Speaker See full program details
Catering Includes a light lunch and refreshments
Designed for Legal practitioners
Product Code I19014

Family Law Half Day Masterclass – Drafting Complex Agreements and Orders

8 Nov 2019 9:00am - 8 Nov 2019 1:30pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

Contact Reception on 03 8667 5667 to book your free 3rd place!

 

This intensive program will take an in-depth look at the finer drafting points and important considerations in the following key areas of family law.

Our presenters will address the nuances that can arise in complex situations and give you confidence that your drafting skills are at their best.

This Special program will cover:

 

Binding Child Support Agreements 

The Child Support system can be confusing and complex. Debts can easily accrue based on changing circumstances including changes in care, providing the wrong information, or missing or making incorrect payments. While a Binding Child Support Agreement can provide certainty between parties, it is vital that practitioners address all current and future aspects of Support. Being an enforceable Agreement by the Court, getting it wrong can have significant ramifications for you and your client if it is set aside.

This session will address issues including:

  • Drafting clearly defined terms within Binding Child Support Agreements;
  • How to tailor an Agreement to best suit your client;
  • What payments can and cannot be covered, including periodic and non-periodic child support;
  • The legal requirements that must be covered;
  • The ramifications of getting things wrong.

Presented by: John Spender, Principal, Kennedy Partners

Superannuation Splitting Orders 

One of the most technical areas of Family Law, drafting effective Superannuation Splitting Orders is a vital skill for family law practitioners. Requiring the key knowledge of the Superannuation Law aspects of the Family Law Act 1975, it is a challenge dealing with this highly technical and increasingly complex area of law.  

This session will offer:

  • Practical tips on how to draft effective superannuation splitting orders;
  • A look at the nuances in drafting orders so they comply with the legislative requirements of the Family Law Act 1975;
  • Key risks and how to avoid them;
  • Proper process and procedure, and your responsibilities following finalised Orders, including correspondence with Superannuation Funds.

Presented by: Aaron van der Heyden, Principal, Accredited Family Law Specialist, Tisher Liner FC Law

Spousal Maintenance 

Spousal Maintenance will only be payable when certain criteria is met. This usually relates to a large disparity in income between parties, financial needs and financial capacity. As there is no set formula for how much spousal maintenance should and will be paid, family law practitioners should be aware of when spousal maintenance should be negotiated and how to draft the relevant orders to ensure their client will receive the ongoing support into the future.

This session will cover issues including:

  • How and when spousal maintenance arises;
  • Drafting clear and effective Orders;
  • Excluding spousal maintenance from Binding Financial Agreements;
  • Advising your client on ‘reasonable expenses’ and when to make an Application to the Court in the event of disagreement.

Binding Financial Agreements 

A Binding Financial Agreement (BFA) can be entered into before, during and after marriage, or de facto relationship, and can be a minefield for family law practitioners. In light of ongoing litigation before the courts to have Binding Financial Agreements set aside, many family law practitioners are concerned about preparing or signing them.  

This session will focus on the practical aspects of drafting Binding Financial Agreements and examine:

  • The importance of understanding the legislative requirements prior to preparing or signing a BFA;
  • Practical tips and issues to consider when drafting;
  • What should form the content of the Agreement – Can there ever be ‘too much detail’?;
  • Key risk areas to be aware of;
  • How to spot the ‘future trouble client’ and how to take extra precautions.

 


CPD Units:

Professional Skills: 4.0
$490.00
(includes GST)
4.0