Beyond Borders: International Family Law

In this episode of Beyond Borders: International Family Law, hosts Susan Warda and Antonia Marran from Mills Oakley are joined by Amanda Donovan, Director at Haigh Lyon Lawyers in Auckland, for a detailed comparative look at family law across the Tasman. Amanda brings nearly three decades of legal experience across Family Law, Estates and Trusts and Mediation.  Together, the panel breaks down how legal frameworks in Australia and New Zealand handle key cross-border issues, including: Relocation & Custody: The criteria courts use when evaluating a parent’s request to move across borders with children, the critical role of cooperation, and Hague Convention risks. Property Division: The fundamental differences between New Zealand's equal sharing regime and Australia's four-step "just and equitable" asset pool assessment. Economic Disparity & Maintenance: How both jurisdictions address financial imbalances, career sacrifices, and spousal support. Prenuptial & Financial Agreements: Key validity requirements for contracting-out agreements and binding financial agreements (BFAs), including cross-border enforceability and multi-jurisdictional drafting. Divorce & Separation: A breakdown of requirements, fees, and court procedures for dissolving marriages in each country. If you, a colleague, or a friend are dealing with a relationship breakdown that spans international borders, this episode illustrates why consulting cross-border family law experts early is crucial to securing your family's future.  For further information, contact Susan Warda at Mills Oakley.See omnystudio.com/listener for privacy information.

In this episode of Beyond Borders: International Family Law, hosts Susan Warda and Antonia Marran dive into the stark contrasts and surprising similarities between Australian and Russian family law. Joined by IAFL Fellow and international family law expert Elena Perepechkina from Sky Lawyers in Russia, the panel unpacks how two different legal systems handle the life-changing processes of divorce, property settlement, and international parenting arrangements. In this episode you'll hear about:  Streamlined Divorces: Why getting a divorce is a fast, discrete administrative or judicial process in both Russia and Australia, independent of financial and parenting resolutions. Property Settlements & The Disclosure Dilemma: A side-by-side look at Australia’s "show and tell" system - with its strict four-step evaluation and onerous asset disclosure rules - versus Russia's simpler 50/50 division principle, which carries no legal obligation for financial disclosure. Prenuptial & Marriage Contracts: How binding financial agreements work in Australia compared to Russia's notary-certified marriage contracts, and the strict rules governing what can and cannot be included. Parenting, Relocation, and the Hague Convention: The tactical complexities of international custody disputes, travel bans, and the high-stakes risks of "grab and go" relocations when parents take the law into their own hands. If you, or a friend or colleague, is navigating a cross-border separation, this episode highlights exactly why getting specialised, international legal advice early is critical to protecting your family and your future. For further information, contact Susan Warda at Mills Oakley.See omnystudio.com/listener for privacy information.

In this episode of Beyond Borders: International Family Law, Susan Warda is joined by renowned Italian family law expert Armando Cecatiello to explore the profound differences and tactical dynamics between the family law systems of Australia and Italy. Today they discuss: Front-Loaded vs. Discrete Proceedings: Why Italy's newly reformed system mandates that couples resolve all parenting, financial, and witness evidence simultaneously before a judge, compared to Australia's separate, streamlined approach to independent divorce applications. The Mandatory Dispute Resolution Divide: A look at how Australia requires pre-action disclosure and family dispute resolution, whilst Italy views Alternative Dispute Resolution (ADR) as a strictly voluntary path for genuine matrimonial outcomes. The Italian "Marriage Paradise" Trap: How unsuspecting international couples signing a simple "separation of assets" during an emotional Italian wedding ceremony can find themselves entirely barred from asset division and left only with alimony options upon breakdown. Parenting, Grandparents' Rights, and the Hague Convention: The shared judicial focus on the best interests of the child in relocation cases, Italy's protective statutory rights for extended families and grandparents, and how both nations handle international custody disputes efficiently. The Strategic Race for Jurisdiction: Why international high-net-worth families, particularly those attracted to Italy's favourable tax regimes, must crucially analyse where to secure jurisdiction before a crisis occurs to avoid catastrophic financial results. If you are balancing a lifestyle across multiple countries, this episode emphasises why early cross-border advice from specialised professionals like Susan Warda and Armando Cecatiello is vital to protecting your future. For further information, contact Susan Warda at Mills Oakley.See omnystudio.com/listener for privacy information.

In this episode of Beyond Borders, Antonia Marran and Susan Warda turn their focus to family law matters involving Australia and Singapore, exploring the legal, cultural and practical challenges faced by families whose lives span both jurisdictions. They are joined by leading Singaporean family law Shu Mei Hoon of Drew & Napier. With increasing global mobility and a high proportion of international marriages in Singapore, disputes involving children, finances and forum selection are becoming more complex. This episode  unpacks what families need to understand when navigating cross-border family law issues between Australia and Singapore. This episode offers practical, real-world insights for families managing international relationships, assets and parenting arrangements - and reinforces the importance of obtaining early, coordinated advice when family law crosses borders. For further information, contact Susan Warda at Mills Oakley.See omnystudio.com/listener for privacy information.

In this episode of Beyond Borders, Antonia Marran and Susan Warda are joined by the Honourable Michelle May to demystify the Hague Convention on the Civil Aspects of International Child Abduction. The conversation explains how the Convention works to ensure children wrongfully removed across borders are returned to their country of habitual residence so that custody disputes can be decided in the proper jurisdiction — not relitigated internationally. The episode outlines the strict time limits for action, how applications are made through Central Authorities, and the limited defenses available, including consent, a child’s objections and the “grave risk of harm” exception. With practical insights into court processes, evidence and early intervention, this episode highlights why urgent legal advice is critical in cross-border parenting disputes. For more information, contact Susan Warda at Mills Oakley.See omnystudio.com/listener for privacy information.