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From Reality Television To Real Life: The Law And You


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From Reality Television To Real Life: The Law And You

Do you watch police and border security reality shows? I rarely watch television but never miss an episode when these are on. I am intrigued by the motivations of people who break the law and even more curious about the punishments they receive. I research the relevant laws after an episode finishes and have become quite the bush lawyer! Through research, I have noticed that laws related to an offence like dangerous driving can vary in our different states and territories. I realise that most people are time poor and do not have the opportunity to explore our laws in detail. I started this blog with the intention of giving you some insights into your rights and responsibilities under Australian law. First and foremost, I hope you find these scribblings to be entertaining. I will be extra pleased if you find some useful information. This blog is now in session.

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Can You Alter a Binding Support Agreement if Circumstances Change?

It is said that time is the ultimate healer. You may have come to realise that if you've been through a rather nasty separation and have come out on the other side. Still, you'd rather not have had to deal with all those negative emotions and did find it difficult to come to any sort of arrangement with your "ex" regarding finances and the care of the children. You did sign a binding support agreement at the time as this was felt to be the best solution, but you are looking at everything in a different light now, sometime later. Is it possible to make any modifications to that agreement, and if so, how can you do this?

Dealing With the Original

Usually, a court will issue a binding support agreement where the two parties appear to be at loggerheads and everyone is concerned about the welfare of the children. The court will take into account all of the evidence before them and will make a considered judgement that, ordinarily, they won't be too keen to change. However, much will depend on how this argument is put to them, and you need to think carefully about this.

Full Agreement

To begin with, you should talk the matter through carefully with your former partner until you can come to a unanimous agreement. You should both be sure that you can conform with any new proposals, and that if changes were made to the old agreement, no additional issues would arise. In this way, you may be able to upgrade the existing support agreement, but if you would much rather start from scratch, then you may be able to apply for a voluntary termination.

Careful Presentation

It's best if you get legal counsel before you put forward a case for consideration, as it will need to be couched in certain terms. You need to have a very good reason for requesting a change, and your solicitor may be able to help you determine what that is.

Changed Circumstances

For example, you may feel as if you were under so much emotional stress at the time that the information you gave was not entirely fair. It nevertheless had a significant bearing on the outcome, and you feel that you can counter this initial information in order to warrant a revision. It's also possible that the situation has changed so much that you can no longer give the same level of support as indicated in the first agreement. Once again, the judges may be able to consider this before making a change.

How to Proceed

Please understand that it is by no means straightforward to overturn a previous court filing, but it is possible. Always get help from an experienced family law expert before you try and navigate this path by yourself.