15 November 2019
Family law – Foster children in divorce applications and financial agreements
The client has foster children. How are they dealt with in a divorce application and a financial agreement?
Thank you for the question.
The existence of the children can be included as a recital in the financial agreement finalising the property settlement of the parties and is relevant in terms of the advice to be given to the client, but that is the extent of the relevance.
In terms of a divorce application, all children, including foster children, who were treated as part of the family prior to the final separation need to have their care arrangements disclosed for the purposes of the application: see s 55A(3) of the Family Law Act 1975. However, ultimately the care arrangements for foster children are regulated by the state child welfare laws, not the Family Law Act.
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