My wife and I finalized our affairs with a BFA in relation to property and an amicable agreement that our 11-year-old twins would live 6 days per fortnight with me and 8 with her. However, within a few weeks of these arrangements she was offered a lucrative employment opportunity of 12 to 18 months overseas. We agree that the children should live with me and visit their mother during school holidays while she is living overseas however she will not agree to vary the terms of the BFA.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Penelope Stevens of Faraday Law, Brisbane 4000 Qld
- This situation could amount to a ground to set aside the BFA. However as it may be relatively short term it may not make a significant difference to the terms of a property order.
- You should discuss the details with a lawyer and consider whether increased child support or spousal maintenance could lead to a fair result for the period the mother is overseas.
- You should also consider allowing for a more significant adjustment in your favour if her position overseas continues longer.