When can I divorce? You are able to apply for Divorce the day after you have lived separately and apart from your spouse for 12 months. If you have not lived apart for 12 months but have been separated even whilst remaining living together, as...
Will I only see my children every second weekend? It is highly unlikely this would be the outcome. Whilst prior to the shared parenting regime coming in with the 2006 family law amendments, every second weekend would be the norm for the “non-resident” parent. Since...
Over the next few posts, we will offer a Q & A on some of the most frequently asked questions in family law. Do I have to go to Court? No, no one has to go to Court to resolve any aspect of their family law...
This is a compulsory step before a parent can commence proceedings for Orders relating to their children and the arrangements for who they live and spend time with. Family Dispute Resolution (FDR) is not required in every matter and often parents can come to their own...
Conduct is not usually considered by the Court in deciding how to do property settlement between parties to a marriage or de facto relationship. There is case law which has determined that extensive abuse can be considered in adjusting in favour of the abused party. The...
The Strahan’s (not their real name) have finally finished their 14 year long legal battle through the Family Court. They were only married 12 years and spent longer than that in Court. Sure, there was a multi-million-dollar asset pool to fight over but even Mr and...
Superannuation can be a component of a property settlement which causes problems between the parties. Often one party’s super balance is as large if not even larger than the non-superannuation assets available for division. On the one hand the person with the superannuation usually wants to...
In its many forms, this type of behaviour is unacceptable. The current statistics are absolutely disgraceful in terms of the number of victims and the number of deaths resulting from domestic incidents. Whilst it is encouraging to see Government addressing the...
They’re actually more or less the same thing, just entered at different stages of a relationship. Sure, a prenup is as it sounds, a document signed by an engaged couple before their wedding. However, the documents are slightly different in form and content. De facto and engaged/married couples alike, including same sex...
Many a law blog/post/article/vlog I have viewed in recent months has not really assisted in this confusion. A de facto relationship is defined in different ways under different laws in Australia (and the respective States and Territories). To the Department of Immigration, it means one thing,...
