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Can I finalise property settlement without getting a divorce?

Can I finalise property settlement without getting a divorce?

After separation or divorce, things can get confusing and sometimes overwhelming. There are often several family law processes all happening at the same time, and many of these will have timeframes you need to be mindful of and adhere to. In this article, we specifically look at the process of how divorce intersects with property settlement.
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Paternity tests to prove parentage in family law matters

Paternity tests to prove parentage in family law matters

A DNA paternity test can be performed where there is a dispute about who the child’s parents are. Most commonly, disputes can arise about who the father is in the context of child support. However, it is also common to see an application for DNA paternity testing in family law proceedings where a party is seeking to spend time with a child.
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The effect of family violence orders on parenting orders

The effect of family violence orders on parenting orders

With parenting disputes that end up in Court, the Court will take into consideration any family violence orders to ensure it makes safe, reasonable, and effective parenting orders. In this article, we explore family law matters where family violence orders intersect with parenting orders.
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The effect of family violence orders on property settlement

The effect of family violence orders on property settlement

In most cases, the marital conduct of either party is not considered to be relevant to the division of property after separation. In some instances, however, family violence can impact the outcome of a property settlement.
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Property settlement and property owned before a marriage

Property settlement and property owned before a marriage

If you’re considering separation or are in the process of separating, you may have given some thought to how assets owned by you may be treated in any property settlement proceedings. A common question family lawyers are asked is: “Will I be able to keep property bought by me before the marriage?”
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Parental rights with artificial insemination and sperm donation

Parental rights of sperm donors

In Australia, there is a common misunderstanding that sperm donors will automatically not hold any parental rights to a child born using artificial conception. While this may be the case in some circumstances, in other situations, a sperm donor may be ruled the legal father of a child born through his donation.
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What if my child refuses to see the other parent?

What if my child refuses to see the other parent?

When parents separate, it’s not uncommon for children to express how they are feeling through their behaviour. Sometimes this can cause issues during child handover times. So, what should you do if you child is kicking or screaming as they refuse to spend time with the other parent?
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Disputes over who stays in the family home after separation

Disputes over who stays in the family home after separation

After the breakdown of a relationship, it would make sense for the parties to physically separate from one another by one of them moving out of the family home. However, sometimes people can’t agree on who should move out. So, who gets to stay in the family home if no one can agree?
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Major changes to the Family Law Act from October 2023

Major changes to the Family Law Act from October 2023

On 19 October 2023, amendments to the Family Law Act 1975 passed through the Federal Parliament with ease. The Federal Government believes that these changes will ensure that the family law system is “accessible, safer, simpler to use, and delivers justice and fairness”.
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Does my ex-partner automatically get half of everything in in property settlement?

Does my ex-partner automatically get half of everything in in property settlement?

Contrary to urban myth, often from the US movies, there is no automatic 50:50 split in property settlement in Australia. The standard to be met is a ‘just and equitable’ division of the property pool.
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Parental alienation and family law in Australia

Parental alienation and family law in Australia

Unfortunately, after parents separate, sometimes children are exposed to their parents’ conflict. Whilst most children will maintain good and positive relationships with both parents, a percentage may become estranged from one parent. In extreme cases, a parent might attempt to form a wedge in the relationship between their child and the other parent. This is known as ‘parental alienation’.
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What is child inclusive family dispute resolution?

What is child inclusive family dispute resolution?

Child-inclusive Family Dispute Resolution is a tailored form of mediation used in family law parenting disputes. Child-inclusive FDR aims to find the child’s voice through a process of developmental consultation and therapeutic conversation with a person called a “child consultant”.
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