As family lawyers, we often come across instances where there are court orders in place (either interim orders or final orders), and one party is not complying with their obligations under the orders.
Time limits apply in family law proceedings for property settlement and spousal maintenance matters. If you separate from your partner (whether married or in a de facto relationship), you will need to commence your property settlement proceedings within the specified time limits.
After an application for divorce has been made by a party, a divorce hearing is allocated by the Court. Whether attendance at the divorce hearing is required is dependent on whether there are children of the marriage who are under the age of 18 years and whether the application was made solely or jointly.
Many children spend such significant time with their grandparents that grandparents can be a primary carer in a child’s life. grandparents can apply to a Court for orders relating to who their grandchildren live with or who their grandchildren spend time with.
In this article, we will look at who is entitled to child support payments, how they are determined and calculated, options if your payments are not being made and how to apply for changes to your assessment.
After separation, there may be a point in time when a parent would like to relocate with a child to another town, state or country. In this article, we will look at when and how child relocation can occur, together with what the courts consider when determining relocation matters.
The “Parenting After Separation” program developed by Relationships Australia (also known as Supporting Children after Separation) is a course designed for separated parents and carers who want to find ways to support children through the process of separation.
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.
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.
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”?
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.
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.