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How to get a divorce in Australia
When it comes to divorce, Australia is now, since the implementation of the Family Law Act 1975 (Cth), a “no-fault” jurisdiction. This means that there is no requirement for one party to be “at fault” for the breakdown of the marriage, for a Divorce Order to be made by the Court.
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Can I Sign a Financial Agreement Shortly Before Getting Married?
Financial Agreements signed on the “way to the church” run the risk of the financially weaker spouse arguing at a later date they were pressured into signing the financial agreement, or else the wedding would not proceed. The agreement would then be subsequently declared invalid.
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Final Parenting Orders in Family Law proceedings
Proceedings in the Family Court for children and parenting matters end when Final Orders are made (save for when proceedings are discontinued or dismissed). But are Final Orders ever really “final”?
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How do I get my marriage annulled in Australia?
Under the Family Law Act, the Family Court of Australia and the Family Court of Western Australia can declare a marriage invalid. This is formally referred to as a decree of nullity. Commonly, people would refer to a marriage annulment.
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Can a child decide which parent they want to live with?
In short, a child cannot decide where they wish to live. A child can influence a decision of a Court as to where they live however, but they cannot be the ultimate decision maker.
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Difference between a Binding Child Support Agreement and a Limited Child Support Agreement
Where the parents have separated, one party may consider payment for child support to the other party. In this article, we will look at the differences between binding agreements and limited agreements.
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Legal costs in Family Law proceedings
Proceedings in the Family Court, whether for children and parenting matters or financial matters, are stressful for all parties involved without considering the added burden of legal costs. As a family lawyer, a question commonly asked by clients is, “Can the Family Court make the other party pay my legal costs if I’m successful?”
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Is it a gift or a loan? The difference could be critical in your family law dispute
It is becoming more commonplace for family members to provide financial assistance to other family members. How that arrangement is treated if you end up in family law proceedings can have a significant consequence on the outcome of a property settlement.
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Family Court subpoenas; how to issue or how to respond?
In Family Court proceedings, at times, it is difficult to get the information you need out of the other party. You may need to issue a subpoena.
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Working with a variety of professionals can make the experience of separation easier
To get through the family law system, ensuring all your rights and entitlements are protected, you’re actually much better off taking advantage of the swathe of professionals that can assist you.
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Domestic violence – a pandemic of its own
Whilst COVID-19 was attracting all the headlines at present, the underlying alternative pandemic of increasing domestic violence is a subtitle tWhilst COVID-19 was attracting all the headlines not so long ago, the underlying alternative pandemic of increasing domestic violence is a subtitle that we are also reading.hat we are also reading.
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Identifying some positive experiences for our children as a result of the pandemic
COVID-19 gifted us with the ability to spend more time with loved ones, including our children. For many Australian families, this was a gift; for others, it was an obstacle too great.
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