Plain-English guides to family and employment law
Lawyer-written explainers on consent orders, BFAs, unfair dismissal, general protections and more — so you understand your options before you spend a cent.
Binding Financial Agreements — the full FAQ
Every common question about BFAs and prenups — what they cover, how they're made binding, what they cost, how they can be set aside.
Read the guideConsent Orders — the full FAQ
Plain-English consent orders reference — what they cover, the process, costs, super splits, requisitions, property transfers and common edge cases.
Read the guideDivorce vs property settlement — what's the difference?
Divorce ends the marriage; property settlement divides the assets. Two separate processes — how they fit together and the deadlines that matter.
Read the guideHow a BFA divides assets — the mechanics
Limited vs comprehensive quarantine, direct contributions, sliding-scale clauses, and the joint-property mechanics that make a BFA actually work.
Read the guideIndependent legal advice — why both sides need their own lawyer
Why a BFA needs two lawyers, what each one does, and how we make finding the second one easy.
Read the guideSpousal maintenance explained
How spousal maintenance works in Australian family law — the threshold test, the means test, time limits, the BFA set-off, and the traps to avoid.
Read the guideSuper splits explained
How superannuation gets divided between separating couples — the mechanics, the dollar-vs-percentage decision, timing, preservation, and SMSF complications.
Read the guideComplex assets in settlements
Businesses, trusts, SMSFs, shares, crypto and overseas property — how non-standard assets get disclosed, valued and divided.
Read the guideSetting aside a BFA — the real grounds and how we mitigate them
The limited grounds on which a court can cancel a BFA — fraud, duress, the children-hardship ground, impracticability, and procedural failures — explained honestly.
Read the guideDe facto relationships explained
What "de facto" means in Australian family law — the two-year threshold, the exceptions, the WA difference, and the property rights that follow.
Read the guideFirst steps after separating
A calm, practical checklist for the first weeks after separation — joint accounts, mortgages, voluntary payments and the legal moves that come early.
Read the guideMediation and negotiation — when, how, and what it costs
The four-rung ladder from direct conversation to contested court — what each stage looks like, when it works, and what it actually costs.
Read the guideBFAs, wills and estate planning
How a BFA interacts with your will, super death benefits, joint tenancy, family provision claims, and the broader estate-planning picture.
Read the guideProperty transfer after settlement
What happens after the orders are sealed — conveyancer's role, the stamp-duty exemption, CGT rollover, refinance timing and cross-collateralisation.
Read the guideTime limits for property claims — the 12-month and 2-year windows
Married couples have 12 months from divorce; de facto couples have 2 years from separation. Miss the window and you need either both parties' consent or the court's leave.
Read the guideFinancial disclosure — what to disclose and why it matters
Both parties must disclose everything they own, owe and earn. Hidden assets are the most common reason settlements get set aside later.
Read the guideBinding Child Support Agreements (BCSAs) — explained
The private alternative to standard child support — what it covers, when it fits, and the certainty-vs-flexibility trade-off.
Read the guideHow much do consent orders cost in Australia?
The court filing fee, the lawyer's fee and the extras, with Lawcaptain's fixed prices and what each package includes.
Coming soonHow much does a prenup or binding financial agreement cost?
Why a prenup or BFA always means two legal fees, Lawcaptain's fixed prices, what they include and what raises them.
Coming soonHow to apply for consent orders, step by step
The two documents, the information you both need, the super fund notice, signing, filing in the right court and what happens next. Australia-wide, with Western Australia covered.
Read the guideConsent orders in WA
How consent orders work in the Family Court of Western Australia: the court, the rules for de facto couples, the forms, the fee and how to file.
Read the guideConsent order requisitions: why the court asks for more, and how to answer
What a requisition is, who sends it in each court, the common reasons, how to respond, what happens if you don't, and how to avoid one.
Read the guideThe bank asked for a BFA: do you need a BFA or consent orders?
Your lender wants a BFA or sealed orders before you refinance. What each document is, which one usually fits, and what to ask the lender.
Read the guideUnfair dismissal — do you have a case?
You have 21 days to apply. This page covers who is eligible, what the Fair Work Commission actually looks at, and what people realistically get.
Read the guideThe 21-day deadline — and when the clock actually starts
Unfair dismissal and general protections claims must be lodged within 21 days. The hard part isn't the length of the window, it's knowing which day is day one.
Read the guideSacked for speaking up? That's a general protections claim
If you were punished for making a complaint, taking leave, or being sick, the law puts the burden on your employer to prove why they really did it.
Read the guideUnderpaid at work — how to get your money back
You can generally go back six years. If your employer didn't keep proper records, the law shifts the burden onto them to disprove what you say you're owed.
Read the guideYou've been asked to respond to allegations — what now?
A show-cause letter, an investigation, a performance plan. What you write in the next few days shapes everything that follows.
Read the guide