http://www.aussiedivorce.com.au/aussie divorce products deal with all the relevant strategies that you will need to ensure you are in control of your divorce by following the advice in them you are guaranteed to save money at aussie divorce we aim to revolutionise the way divorce proceedings are conducted in our vision lengthy litigation will be a thing of the past and well prepared parties will engineer the way to a speedy resolution individuals will be empowered to take charge of their divorce guiding their divorce lawyers whttp://www.aussiedivorce.com.au/familylawnews/http://www.aussiedivorce.com.au/familylawnews/what-is-a-child-responsive-program-for-.htmlFri, 24 May 2013 07:56:43 +1000divorce or separate. When married couples divorce or when couples in a de factor relationship separate, living arrangements for the children must be made. When parents can agree on the children’s living arrangements, the children’s lives after the separation or divorce can still be stable. When parents cannot agree, however, the children are at risk of negative outcomes not only because of the divorce or separation of their parents but because their living arrangements do not provide stability. The children’s lives are disrupted all the more when their parents resort to the courts in adversarial and often acrimon...]]>http://www.aussiedivorce.com.au/familylawnews/how-to-resolve-property-settlement-disputes.htmlSat, 18 May 2013 18:55:32 +1000separation or divorce is property settlement. Parties naturally want to get a fair share of the assets which may include the family home, real and personal properties and other valuables. It is to the great advantage of former couples if they can resolve the issue of property settlement out of court.   With property settlement disputes there are a lot of considerations. First step is for the parties to identify which properties are to be included in the asset pool. Next, they must have these properties assessed to get the value. They must also take into account the existing lia...]]>http://www.aussiedivorce.com.au/familylawnews/basic-procedures-in-applying-for-a-divorce.htmlSat, 18 May 2013 07:53:48 +1000application for divorce may be applied solely or jointly. The interested party or parties need to file an Application for Divorce with the court and pay the corresponding fees. Upon application, a party may be eligible for reduced fees but both parties must qualify for the reduced fees. Otherwise, full fees apply. Applications may also be filed electronically through the Commonwealth Courts Portal. A person can apply for divorce in Australia if he or his spouse: Regard Australia as home and intend to live in Australia indefinitely, or Is an Australian citizen by birth, descent or by grant of Australian citizenship, or Ordinarily live in Australia and have...]]>http://www.aussiedivorce.com.au/familylawnews/issues-after-a-separation.htmlSat, 18 May 2013 07:46:52 +1000separation of a couple whether married or in a de facto relationship. Aside from their emotions, couples have to think about the children and properties. Who will keep the children' Who will keep the house' How about the car' How am I going to collect child support' These are just some of the questions that will be plaguing couples once they separate. The Family Law Act encourages couples who separate to enter into private agreements and settle the issues out of court. In fact, separating couples are required to undergo family dispute resolution so that they can thresh out their dispute without going to court. The exception to this requirement is if there is a histo...]]>http://www.aussiedivorce.com.au/familylawnews/parenting-orders-and-parenting-plans.htmlFri, 17 May 2013 12:36:17 +1000parenting order or parenting plan must also be issued to safeguard and protect the child from harm resulting from exposure to abuse or neglect. When the family courts issue a parenting order or a parenting plan, the court must also consider the child’s wishes. The court has to allow the child, if he or she can, to express his views on the matter of how he wants to be parented and whom he wants to have primary responsi...]]>http://www.aussiedivorce.com.au/familylawnews/parenting-plans-and-parenting-orders.htmlFri, 17 May 2013 12:28:28 +1000divorce, the breakdown of their relationship does not affect their relationship or their responsibility to each of their children. Parents are required to exercise equal and shared parental responsibility over their children regardless of the status of their relationship. When a couple divorce, besides the decree of divorce, the family magistrate may issue a parenting plan. The parenting plan sets forth the parenting arrangements for their child/children. This includes issues such as: custody or whom the child shall live with; visitation or how much time each parent can spend with the child; how much each parent shall pay for child maintenance and how long-term decisions about the child can be made and how disputes over par...]]>http://www.aussiedivorce.com.au/familylawnews/a-father-s-right-to-his-child.htmlWed, 15 May 2013 10:25:46 +1000http://www.aussiedivorce.com.au/familylawnews/importance-of-child-contact-during-separation-of-parents.htmlWed, 15 May 2013 10:18:32 +1000http://www.aussiedivorce.com.au/familylawnews/a-parent-s-right-to-children-access.htmlWed, 15 May 2013 10:10:38 +1000Equal shared parenting responsibility means equal duties, power and responsibilities in caring for the children. Parents must equally share the decision making with regard to their children on matters like education, religion, living arrangements and medical treatment. The law deems it in the best interest of the child to have a meaningful relationship with both of his parents. Thus, parents who have not been prohibited from having contact must be permitted access to their children. Only ...]]>http://www.aussiedivorce.com.au/familylawnews/various-kinds-of-family-law-orders.htmlWed, 15 May 2013 09:35:48 +1000pre-nuptial agreement providing for division of property and maintenance in case of divorce or separation. These same parties can go to court and have their agreement finalized and approved by the court through the issuance of a consent order. Parents who are in dispute over child custody or arrangements may go to court for the issuance of parenting orders. The parenting orders may outline the living ar...]]>http://www.aussiedivorce.com.au/familylawnews/responsibilities-of-divorced-parents.htmlMon, 13 May 2013 07:39:01 +1000divorce when children have a difficult time accepting that their parents are separating. It is a form of denial when they indulge in such fantasies. It is the responsibility of both parents to help their children come to terms with the separation. Divorced parents have an equal responsibility towards their children. According to the Family Law Act, parents have shared parental responsibility. The only exceptions to these are if there are allegations of family violence or child abuse. Under normal circumstances parents must spend considerable and equal time with their children. Hence, divorced par...]]>http://www.aussiedivorce.com.au/familylawnews/helping-a-child-deal-with-his-parents-separation.htmlMon, 13 May 2013 07:34:16 +1000divorce or separation would always be a heart-breaking event. There could be no other painless way to go about it. A parent would just have to tell his children as gently and honestly as he possibly could. Children react to the news of separation with a range of emotions. They will surely feel hurt and grief. Some will be confused and shocked. Almost all of them will fantasize about their parents getting back together. The reactions of children will usually depend on their age, level of maturity and understanding, and how you are also coping yourself. Children may be unduly affected by what you are feeling that is why psychologists recommend that parents should not make their children their confidants during t...]]>http://www.aussiedivorce.com.au/familylawnews/what-constitutes-domestic-violence-in-australia-.htmlMon, 13 May 2013 07:28:29 +1000assault or personal injury between persons with relationships mentioned above may come under the term ‘domestic violence’. It may also include damage or destruction to the property of the person or threats of damage or destruction or property. In some instances, harm or death of the family pet may also constitute an act of domestic violence if such act puts any o...]]>http://www.aussiedivorce.com.au/familylawnews/child-abuse-in-the-context-of-domestic-or-family-violence.htmlMon, 13 May 2013 07:19:26 +1000http://www.aussiedivorce.com.au/familylawnews/disabled-girl-lived-with-her-convicted-paedophile-grandparents.htmlThu, 09 May 2013 18:27:58 +1000http://www.aussiedivorce.com.au/familylawnews/former-husband-was-order-to-pay-for-wife-s-career-change.htmlThu, 09 May 2013 17:55:13 +1000property set...]]>http://www.aussiedivorce.com.au/familylawnews/lesbian-mum-stopped-from-moving-daughter-interstate.htmlThu, 09 May 2013 17:49:55 +1000parental responsibility for the four year...]]>http://www.aussiedivorce.com.au/familylawnews/rich-wife-wants-more-child-support-from-ex.htmlWed, 08 May 2013 16:01:05 +1000http://www.aussiedivorce.com.au/familylawnews/the-court-awarded-sole-custody-to-the-father.htmlWed, 08 May 2013 15:48:51 +1000 Independent Children’s Lawyer, awarded sole custody to the father and banned the mother from seeing the children. She was only allowed to telephone and email them at set times. Judge Mushin explained th...]]>http://www.aussiedivorce.com.au/familylawnews/vehement-husband-gives-all-his-cash-away.htmlWed, 08 May 2013 14:54:07 +1000divorce” with his wife. The man is now unemployed and left with assets of $2000 in the bank, a car worth $1000 and land worth $10,000. The house was sold before his separation with his wife. His estranged wife went to court because she was concerned as to where their cash went and at that time she was living in a refuge. However, by the time the case reached ...]]>http://www.aussiedivorce.com.au/familylawnews/recording-phone-conversations-with-your-ex.htmlTue, 07 May 2013 14:04:22 +1000http://www.aussiedivorce.com.au/familylawnews/one-of-the-most-expensive-divorce-in-australian-history.htmlTue, 07 May 2013 13:50:32 +1000custody of the child and monthly support for both the wife and the son. The wife claims $278,000 monthly support for her and her son but was denied by the court. She also claims $24M worth of properties which includes a $3.3M Swiss villa. She maintains she needs at least $1.2M a year to pay for 4 full-time careers for the son. Total assets of the husband were reported to be at $77M-$110M. He is declared to earn $300,000 a week. The settlement is currently pending in court but the wife had earlier received $375,000 and $16M which she told the court she had spent already on legal fees. The Adelaide couple married in 1994. They had a teenager son who is suffering from autism. After the estrangement, both are now before the court for http://www.aussiedivorce.com.au/familylawnews/a-parent-may-enforce-the-return-of-the-child.htmlTue, 07 May 2013 13:38:14 +1000http://www.aussiedivorce.com.au/familylawnews/property-settlement-property-dispute.htmlTue, 07 May 2013 13:27:27 +1000 property settlement disputes involving property. Both the Family Court and the Federal Circuit Courtcan issue orders involving property located in a foreign country. The Family Court can also issue orders against assets within Australia. ...]]>http://www.aussiedivorce.com.au/familylawnews/family-courts-versus-federal-circuit-court.htmlTue, 07 May 2013 13:18:23 +1000property settlements and disputes in parenting. The Federal Circuit Court on the other hand was established only recently, in 2000. It was initially seen as an alternative court to the Family Court and deals with family disputes not taken up by the Family Court dockets. Parties in a family dispute often decide which court to go when pursuing a case. The differences lie in the requirements of receiving a case and the cases entertained in practice. Federal Circuit Court requires interim or preliminary issues to be discussed first by the Magistrate on the date ...]]>http://www.aussiedivorce.com.au/familylawnews/travelling-overseas-with-your-children.htmlTue, 07 May 2013 12:22:33 +1000consent order before the court. The main consideration in granting the order is the child’s best interest. 2. Filing a bond Sometimes though, the court may require the parent to furnish a monetary bond in cases where there are good chances that the child will not be returned to Australia. In fact the non-co...]]>http://www.aussiedivorce.com.au/familylawnews/when-can-a-parent-be-prosecuted-for-child-abduction-.htmlSat, 30 Mar 2013 08:19:10 +1100http://www.aussiedivorce.com.au/familylawnews/the-best-interests-of-the-child-shall-prevail.htmlWed, 27 Mar 2013 09:18:44 +1100http://www.aussiedivorce.com.au/familylawnews/alarming-research-findings-on-domestic-violence-related-deaths.htmlFri, 08 Mar 2013 09:28:57 +1100http://www.aussiedivorce.com.au/familylawinformation-divorce/http://www.aussiedivorce.com.au/familylawinformation/superannuation-an-asset-of-the-marriage.htmlFri, 24 May 2013 20:48:35 +1000 de facto relationship breaks down, the properties of the marriage or de facto relationship must be inventoried, valued and divided between the parties. The superannuation may be an individual savings fund but it is considered a property of the marriage or de facto relationship and it must ...]]>http://www.aussiedivorce.com.au/familylawinformation/family-dispute-resolution-means-trying-to-come-to-an-agreement.htmlWed, 08 May 2013 13:31:26 +1000http://www.aussiedivorce.com.au/familylawinformation/family-separation-teens-safety.htmlFri, 29 Mar 2013 10:27:15 +1100separation is especially hard on teenagers because they are already of an age of awareness. A teenager is able to discern the emotional conflict between his parents. A teenager will only be resentful if facts are kept from him. On the other hand, knowing about the problem will surely hurt them. The Child Support Agency (CSA) sympathizes with the needs of teenagers. The Australian Government in coordination with the CSA has published a booklet entitled “A Family Separation Guide for Teens” for teenagers experiencing the anguish of family separation. Violence in the family will only make the situation worse for a teenager. It is his right to feel ...]]>http://www.aussiedivorce.com.au/familylawinformation/appeal-procedures-in-the-family-court.htmlSat, 05 Jan 2013 12:19:17 +1100http://www.aussiedivorce.com.au/familylawinformation/relocation-of-children.htmlThu, 27 Dec 2012 15:04:38 +1100divorce proceedings. A parent who would like to relocate the child must first obtain the permission of the other parent. If the other parent refuses to give consent, the parent who would like to relocate must then file a petition with the Court to issue an order that will allow him to relocate the child. The Court will have to weigh the competing interests of the parents and come up with a decision which is in the best interests of the child.   The application must specifically state that the relocation is in the best interests of the child. It must also include a proposal on how the child can spend time with the other paren...]]>http://www.aussiedivorce.com.au/familylawinformation/divorce-and-spousal-maintenance.htmlFri, 23 Nov 2012 10:56:50 +1100divorce, property settlement, care and support of children, and spousal support. Claims for spousal support must be filed within 12 months from the time the divorce becomes final. In the case of de facto couples, the application must be filed within 24 months from separation and only if the parties have been together for at least two years. Applying for spousal support beyond the mentioned the time periods would require the approval of the court. Even after divorce a former spouse is obligated to pay for spousal maintenance. The same applies to de facto relationship partners who have separated. The law sees to it that the spouse who is not capable of supporting hersel...]]>http://www.aussiedivorce.com.au/familylawinformation/pre-nuptial-agreements-and-property-matters.htmlWed, 31 Oct 2012 14:24:42 +1100pre-nuptial agreement is the basis as to how the assets will be divided between the parties in ...]]>http://www.aussiedivorce.com.au/familylawinformation/exclusive-ownership-of-the-former-matrimonial-home.htmlWed, 31 Oct 2012 14:21:26 +1100divorce or separation. The family home is co-owned property and a spouse cannot allege that it rightfully belongs to him because it was his money spent to build or purchase it. The family home is important in raising children because it gives them a sense of stability and permanence. The spouse who retains custody of the children will naturally want to keep the family home which may not be exactly what the other spouse wants. Not all divorcing or separating spouses can cohabit in peace under one roof. One has to stay while the other has to leave. Courts a...]]>http://www.aussiedivorce.com.au/familylawinformation/5-wisest-tips-to-take-on-separation-de-facto-and-divorce.htmlWed, 31 Oct 2012 06:14:53 +1100http://www.aussiedivorce.com.au/familylawinformation/spousal-maintenance-and-marriage-separation.htmlTue, 23 Oct 2012 09:34:24 +1100separation or divorce. Couples who separate may be asked to provide for their former partner or spouse who is unable to financially support himself. This kind of financial support is called spousal maintenance.   Parties who separate may agree to go to court and petition for a consent order in relation to spousal maintenance or they may execute a binding financial agreement (BFA). In cases where the divorce is not filed jointly, a party may go to court to ask for financial support from the other spouse. But if parties do not come to an agreement before the separation then they can only apply for spousal maintenance within 12 mo...]]>http://www.aussiedivorce.com.au/familylawinformation/sex-related-accusations-and-parenting-matters.htmlSat, 20 Oct 2012 11:57:43 +1100equal shared parental responsibility. If the parents separate or divorce it is presumed to be in the best interest of the child for him to spend considerable and equal time with both parents. The exception is that if there are allegations of domestic violence or child abuse. One form of violence or abuse is sexual abuse. Whenever sexual abuse is alleged, courts will have to discern whether shared parental responsibility would be in the best interest of the child.   The court&rs...]]>http://www.aussiedivorce.com.au/familylawinformation/personal-agreement-after-a-divorce-decree.htmlSat, 20 Oct 2012 11:54:32 +1100spousal maintenance. The court then issues a consent order based on the agreement of the parties. For the consent order to be binding and enforceable it has to be finalized by both the couples and approved by the judge.   The second way is by entering into a Bi...]]>http://www.aussiedivorce.com.au/familylawinformation/pattern-of-dads-investing-longer-time-with-kids-and-kid-custody.htmlSat, 20 Oct 2012 11:48:28 +1100divorce, both the father and the mother assume an equivalent share responsibility towards the children. This means that both parents will have an equal contribution in raising and supporting the children. This is also for the welfare of the childre...]]>http://www.aussiedivorce.com.au/familylawinformation/matters-involving-child-keeping-the-mother-s-surname.htmlSat, 20 Oct 2012 11:42:15 +1100de facto relationship or even a brief relationship both parents may agree as to whose last name the child’s surname should take after. If both parents consent, a married mother can register the child’s surname after hers. However, if the father would later on want to change his child’s surname to be the same as his, his...]]>http://www.aussiedivorce.com.au/familylawinformation/international-child-abduction-and-its-effects-to-the-child.htmlSat, 20 Oct 2012 11:34:10 +1100http://www.aussiedivorce.com.au/familylawinformation/family-violence-amendments-and-its-effects.htmlSat, 20 Oct 2012 11:29:02 +1100http://www.aussiedivorce.com.au/familylawinformation/why-most-couples-enter-into-a-prenuptial-agreement.htmlMon, 15 Oct 2012 21:24:34 +1100 prenuptial agreement before the wedding is to have more control over the division of assets if they unfortunately separate. In signing a prenuptial agreement, the couples may settle down t...]]>http://www.aussiedivorce.com.au/familylawinformation/discretionary-trust-and-family-law.htmlMon, 08 Oct 2012 12:32:06 +1100http://www.aussiedivorce.com.au/familylawinformation/division-of-property.htmlThu, 04 Oct 2012 10:19:24 +1000http://www.aussiedivorce.com.au/familylawinformation/child-support-international-issues.htmlSun, 30 Sep 2012 14:54:33 +1000child support. Overseas countries with which Australia has reciprocating jurisdiction take cognizance of court ordered child support. It is then the Child Support Agency (CSA) that coordinates with the overseas country for the collection of the child support. Whenever there is an international issue on child support, the CSA has the authority to: Make and continue child support assessment if one of the parents resides in Australia and the other parent is residing the reciprocating jurisdiction; ...]]>http://www.aussiedivorce.com.au/familylawinformation/type-of-child-support-payment-scheme.htmlSun, 30 Sep 2012 14:46:17 +1000http://www.aussiedivorce.com.au/familylawinformation/child-support-formula.htmlSun, 30 Sep 2012 14:41:59 +1000http://www.aussiedivorce.com.au/familylawinformation/termination-of-financial-agreements-by-the-parties.htmlTue, 21 Aug 2012 18:50:37 +1000financial agreement can only be terminated if the act of termination complies with the requirements under Section 90G of the Family Law Act 1975 which are: Agreement is signed by all parties; Parties received independent legal advice and a document certifying to the receipt of such advice is provided to each party by the legal practitioners concerned; Agreement has not been termin...]]>http://www.aussiedivorce.com.au/familylawinformation/s90d-financial-agreements-after-dissolution-of-marriage.htmlTue, 21 Aug 2012 18:47:35 +1000financial binding agreement that will provide how properties and spousal maintenance will be dealt with. The properties that may be stipulated for can include those brought into the marriage and those acquired during the marriage. The parties can provide in the financial agreement how these properties will be divided, who will keep which properties and which properties are excluded in the division.   Maintenance under Section 90D is different from the financial agreements executed under Sections 90B and 90C which have the effect of finalizing financial agreement under Section 90B of the Family Law Act 1975 may be made only by parties who are contemplating on entering into a marriage. This agreement is binding only between the couple and excludes third parties. If validly entered into, courts will recognize and uphold the agreement which will be the basis of the issuance of an order.   The financial binding agreement is a contract between the parties that provides for the financial aspects during the marriage. For example, the agreement may stipulate how in the breakdown of the marriage, the property or financial resources will be divided. Parties who enter into marri...]]>http://www.aussiedivorce.com.au/familylawinformation/strahan-strahan-interim-property-orders-.htmlMon, 23 Jul 2012 13:33:20 +1000http://www.aussiedivorce.com.au/familylawinformation/costs-in-contravention-proceedings-that-affect-children.htmlFri, 20 Jul 2012 11:40:17 +1000contravention application it may order costs against the applicant. Costs against the applicant are ordered if the court dismisses the application or finds that no action is required, and the same finding has been made previously by the court. Courts will especially order costs against the applicant if it finds that the Contravention application was filed ma...]]>http://www.aussiedivorce.com.au/familylawinformation/new-legislation-gives-further-protection-against-family-violence.htmlThu, 05 Jul 2012 14:28:59 +1000http://www.aussiedivorce.com.au/familylawinformation/the-family-law-amendment-validity-of-certain-parenting-orders.htmlTue, 05 Jun 2012 18:50:43 +1000parenting orders made or purportedly made on or after 1 July 2006 when shared parenting reforms were introduced. Orders that may be affected are those where the parents have equal shared parental responsibility and the court has not considered certain criteria relating to equal time or, if the case requires, substantial and significant time in accordance with section 65DAA of the Family Law Act 1975. The Bill creates new statutory rights and liabilities and ensu...]]>