<?xml version="1.0" encoding="utf-8"?><rss version="2.0"><channel><title>Aussie Divorce RSS Feed</title><link>http://www.aussiedivorce.com.au/</link><description>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 l</description><item><title>Family Law News</title><link>http://www.aussiedivorce.com.au/familylawnews/</link></item><item><title>Mum forced to return twins to Australia</title><link>http://www.aussiedivorce.com.au/familylawnews/mum-forced-to-return-twins-to-australia.html</link><pubDate>Fri, 18 May 2012 23:23:19 -0400</pubDate><description><![CDATA[A Hawke's Bay mother and her 3-year-old twins will board a flight &quot;to nothing&quot; this weekend after an international<a href="http://www.childcustodylaw.net.au" name="child custody information " title="child custody information "> child custody</a> law has ruled in the favour of her estranged husband.
Hayley Creahan and her sons, Noah and James, moved to Havelock North from the Gold Coast last year after the breakdown of her marriage to a Moroccan-born New Zealand citizen left her feeling unsafe, and mounting debt had rendered her bankrupt.
In a Napier court last week, Ms Creahan, a registered nurse, was ordered under the Hague Convention to take her children back to Australia - where she was married and her children born.
The international law is used to return a child abducted from one member nation to another until legal custody is arranged.
<a target="_blank" rel="nofollow...]]></description></item><item><title>Girls' mother seeking mediation, High Court appeal</title><link>http://www.aussiedivorce.com.au/familylawnews/girls-mother-seeking-mediation-high-court-appeal.html</link><pubDate>Thu, 17 May 2012 23:22:57 -0400</pubDate><description><![CDATA[The mother of four girls caught up in an international custody dispute says she will today apply for a stay on <a href="http://www.aussiedivorce.com.au/family-courts.php" name="Family Court information page" title="Family Court information page">Family Court </a>orders requiring the girls&rsquo; return to Italy, and seek leave to appeal in the High Court.
The woman says she doesn&rsquo;t know if the girls&rsquo; maternal grandmother, great-grandmother and aunt will comply with an order to answer questions under oath in a Brisbane court today.
The girls, aged nine, 10, 13 and 14, went into hiding with a relative after they were ordered to return to Italy with their father to resolve the custody dispute.
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Their location remains unknown, and the mother insists she does not know where they are.
The girls&rsquo; great-grandmother has previously told re...]]></description></item><item><title>Grandmother faces the family court</title><link>http://www.aussiedivorce.com.au/familylawnews/grandmother-faces-the-family-court.html</link><pubDate>Thu, 17 May 2012 23:13:59 -0400</pubDate><description><![CDATA[A GREAT-grandmother is expected to remain in hiding today and defy a <a href="http://www.aussiedivorce.com.au/familylawinformation/can-the-order-be-enforced-if-there-is-an-appeal-.html" name="Can the order be enforced if there is an appeal?" title="Can the order be enforced if there is an appeal?">Family Court order</a> to disclose the whereabouts of four sisters on the run to avoid being forced to return to Italy.
The 70-year-old woman took the girls aged between nine and 14 into hiding rather than hand them over to child safety officers to resume a shared custody arrangement in Italy with their father.
The girls' grandmother, a resident of Victoria, said her mother was focused on the well-being of the children, who the grandmother said were unanimously opposed to leaving their mother, schools and mates.
&quot;I don't see her turning them over. She loves those children and will do an...]]></description></item><item><title>People choose to use Binding Financial Agreements</title><link>http://www.aussiedivorce.com.au/familylawnews/people-choose-to-use-binding-financial-agreements.html</link><pubDate>Tue, 15 May 2012 07:22:31 -0400</pubDate><description><![CDATA[Many people have heard prenups talked about on American legal television shows. Binding Financial Agreements (which many know as prenups) are commonly used in family law matters in Australia to deal with a number of situation. People choose to use Binding Financial Agreements if:

&bull; They are planning to enter a de facto relationship or to get married;
&bull; They are already in a de facto relationship or are already married; or
&bull; They have separated and their de facto relationship or their marriage has broken down/ended.
In each of the above situations, many choose to have their lawyer draft a Binding Financial Agreement to state how their property will be divided in the event that they separate from their de facto partner or spouse, or if they have already separated, to state how they will divide the property with their estranged de facto partner or spouse.
There are sev...]]></description></item><item><title>International marriage for same sex couples is now simpler</title><link>http://www.aussiedivorce.com.au/familylawnews/international-marriage-for-same-sex-couples-is-now-simpler.html</link><pubDate>Tue, 15 May 2012 07:03:34 -0400</pubDate><description><![CDATA[On 27 January 2012, Attorney General Nicola Roxon delivered a media release which stated that as of 1 February 2012 there were to be certificates of no     known impediment to marriage issued for same sex couples.
&ldquo;The important change will allow same sex couples to take part in overseas marriage ceremonies, and be considered married according to the laws of that     country&rdquo; said Attorney General Nicola Roxon.
Several nations require that a certificate of no known impediment be presented before they will legally marry a couple. These certificates state that there     is no reason why the person taking part in the marriage ceremony overseas cannot get married. In particular, this means the person is over 18 years and not     already married and the couple are not close relatives. Previously such certificates were only available to heterosexual couples.
However, this does n...]]></description></item><item><title>How to fix relationship debt</title><link>http://www.aussiedivorce.com.au/familylawnews/how-to-fix-relationship-debt.html</link><pubDate>Tue, 15 May 2012 06:47:41 -0400</pubDate><description><![CDATA[A FEW years ago, Paul Clitheroe told me that he wanted money to be the sex of the next generation.
He explained that when he was young, sex was a taboo topic whereas now it's talked about everywhere. He hoped that Gen Y would do the same thing for money: bring it into the mainstream.
The best place to start making that conversational change is with your partner, because according to Relationships Australia, conflict over money is one of the top causes of arguments and relationship breakdowns in Australia. <a target="_blank" rel="nofollow" href="http://www.couriermail.com.au/money/generations-fix-relationship-debt/story-fn7kixy3-1226326237762">Read Entire Story</a>]]></description></item><item><title>Relocating with your children and the Court's view</title><link>http://www.aussiedivorce.com.au/familylawnews/relocating-with-your-children-and-the-court-s-view.html</link><pubDate>Thu, 03 May 2012 20:53:31 -0400</pubDate><description><![CDATA[Debatably relocation matters are the most challenging cases for a Court to determine the children&rsquo;s best interest. The Court has a wide discretion in determining parenting matters, referring to the factors listed in <a rel="nofollow" title="Family Act" name="Family Act" target="_blank" href="http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s60cc.html">Section 60CC of the Family Law Act</a>.
Considerations that may weaken an application to relocate include the following:
The children may spend significant time with both parents and it is not in their interest for the time with the &ldquo;left behind&rdquo; parent to be reduced;
Relocating to another suburb, state or country is likely to have a negative impact on the children. They may not cope with changes associated with relocating including attending a new school, living in a new home, experiencing different culture...]]></description></item><item><title>Court prohibits mother from visiting child's school</title><link>http://www.aussiedivorce.com.au/familylawnews/court-prohibits-mother-from-visiting-child-s-school.html</link><pubDate>Thu, 03 May 2012 18:54:53 -0400</pubDate><description><![CDATA[In a recent Family Court decision, her Honour Justice Rees has taken what at first blush may seem the unusual step of banning a mother from going to at her child&rsquo;s school. With a closer information about the facts of the case, the Judge&rsquo;s decision is, perhaps, not quite so surprising.
The case, known by the Court as Materanzi v Suskain (although they are not the parties&rsquo; real names), involved an eight year old child, in relation to whom parenting Orders had previously been made by the <a href="http://www.aussiedivorce.com.au/family-courts.php" target="_blank" name="Family Court Info page" title="Family Court Info page">Family Court</a> in April 2011. The April 2011 Orders provided for the child to live with the father and spend time with the mother each alternate weekend from after school Friday until before school Monday and from after school Thursday to before school...]]></description></item><item><title>Stronger laws to deal with international child abduction</title><link>http://www.aussiedivorce.com.au/familylawnews/stronger-laws-to-deal-with-international-child-abduction.html</link><pubDate>Sun, 29 Apr 2012 21:35:17 -0400</pubDate><description><![CDATA[The Government is set to introduce new measures to strengthen  Australia&rsquo;s laws that deal with international child abduction. Below is  an extract of the&nbsp;official&nbsp;joint&nbsp;media release issued by the Attorney  General Hon. Robert McClelland MP and Minister for Families, Housing,  Community Services and Indigenous Affairs Hon. Jenny Macklin MP, which  explains the measures in further detail.
Attorney-General Robert McClelland&nbsp;said the package of measures will  include new criminal offences under the Family Law Act, extending the  coverage of existing offences, allowing the family law courts to stop <a href="http://www.aussiedivorce.com.au/FamilyLawyerSelection/child_support.php" target="_blank" name="Child support information " title="Child support information "> child support </a>payments for parents who have abducted their child  overseas and new information gath...]]></description></item><item><title>Third party creditors can intervene in property proceedings.</title><link>http://www.aussiedivorce.com.au/familylawnews/third-party-creditors-can-intervene-in-property-proceedings-.html</link><pubDate>Thu, 26 Apr 2012 21:25:49 -0400</pubDate><description><![CDATA[The Family Law Act enables third party creditors to intervene in property proceedings.&nbsp; By intervening, that third party creditor is joined as a party and can apply to have enforceable orders made for repayment of a debt.&nbsp; The spouse parties can similarly apply to have either the debt apportioned to only one spouse party, or set aside.
It is relatively common, particularly given high real estate prices in Sydney, that parents (particularly, elderly parents) lend an adult spouse party money towards purchasing a home.&nbsp; At the time the money is lent by the parent, it is generally the intention that the money is being lent to their adult child and that child's spouse, to help them get on financially, but when questioned about whether or not they would forgive the debt, most parents would say &quot;no&quot;.&nbsp; It is generally their intention that if the adult child's marri...]]></description></item><item><title>Forced marriages</title><link>http://www.aussiedivorce.com.au/familylawnews/forced-marriages.html</link><pubDate>Tue, 24 Apr 2012 06:31:34 -0400</pubDate><description><![CDATA[Samia was just seventeen when her father announced he was taking her on a holiday overseas. But this was a holiday with a difference. Back in the family's     village in rural Pakistan, Samia watched in horror as the local Imam walked in ready to conduct her marriage to her first cousin - without her consent.     With pressure from her extended family, she was given papers to sign and threatened.
Returning to Australia, Samia sought help from local religious authorities in Sydney - but they ignored her and told her to accept the marriage.
For the first time young women, the victims of forced marriages, are speaking out - without disguise and despite the risks of backlash from their     communities. Are these women entitled to the same protection as other Australian girls?
It may come as a surprise to many that forced marriages are occurring in Australia with an estimated 50 cases per ...]]></description></item><item><title>A man avoids paying child support</title><link>http://www.aussiedivorce.com.au/familylawnews/a-man-avoids-paying-child-support.html</link><pubDate>Tue, 24 Apr 2012 05:09:37 -0400</pubDate><description><![CDATA[
Ed Houben, a 42 year old Dutchman, is the father of 82 children, however doesn&rsquo;t pay a cent in child support.
Mr Houben at first donated to sperm banks to father children, but then started helping women conceive naturally by engaging in a sexual relationship with them. Due to his high sperm count, Mr Houben is sought after all over the Netherlands and often travels abroad to meet potential mothers, but will only assist in the conception if he feels &ldquo;well with them if I were their child&rdquo;. Additionally, the hopeful mothers have to pay for his travel expenses.
Mr Houben avoids paying child support by having all the women he sleeps with sign a contract that waives their legal right to it. Whether this would hold up if challenged by one of the mothers is questionable.
This story engages a complex legal area of the rights and obligations of sperm donors. In Australia, th...]]></description></item><item><title>Divorce talk with Dino Di Rosa</title><link>http://www.aussiedivorce.com.au/familylawnews/divorce-talk-with-dino-di-rosa.html</link><pubDate>Sun, 22 Apr 2012 18:18:03 -0400</pubDate><description><![CDATA[
.newsarticle{padding:8px;}


Divorce talk with Dino Di Rosa from&nbsp; <a href="http://www.aussiedivorce.com.au/familylawyers/sa/adelaide/di-rosa-family-lawyers-adelaide.html">Di Rosa Family lawyers Adelaide</a>
ALLAN BAIRD: &nbsp;&nbsp; Who can apply for a Divorce?
ALLAN BAIRD: &nbsp;&nbsp; Who can apply for a Divorce?
DINO DI ROSA: &nbsp;You can apply for a divorce together (joint application) or on your own (sole application) at the <a href="http://www.aussiedivorce.com.au/family-courts.php">Federal Magistrates Court of Australia</a>. You can get a free divorce kit from the family law courts website, which has all the forms you need.
You can apply for a divorce in Australia if either you or your spouse:
&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; regard Australia as your home and intend to live in Australia indefinitely, oR
&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; are an Australia...]]></description></item><item><title>Establish a date to separate for the purpose of divorce</title><link>http://www.aussiedivorce.com.au/familylawnews/establish-a-date-to-separate-for-the-purpose-of-divorce.html</link><pubDate>Sat, 21 Apr 2012 20:18:16 -0400</pubDate><description><![CDATA[Many people are not clear about the meaning of separation for the purposes of family law. What does it mean to be separated for the purposes of family law?     It is important to know and understand that there are different types of separation. Firstly, there is separation under one roof. This occurs where spouses     or de facto partners are separated and are no longer in a relationship together but still remain living under the same roof. There is also separation where     the spouses or the de facto partners are no longer living together in the same residence.
The date of separation is very important in a client&rsquo;s <a href="http://www.aussiedivorce.com.au/" name="Family law - Aussie divorce web site" title="Family law - Aussie divorce web site">family law</a> matter, particularly in property     settlements. Have you kept a written record of the date of separation? Have you comm...]]></description></item><item><title>The impact of inheritances on property settlements</title><link>http://www.aussiedivorce.com.au/familylawnews/the-impact-of-inheritances-on-property-settlements.html</link><pubDate>Tue, 17 Apr 2012 06:14:14 -0400</pubDate><description><![CDATA[&nbsp;
Thursday Drive law talk with Dino Di Rosa from <a href="http://www.aussiedivorce.com.au/familylawyers/sa/adelaide/di-rosa-family-lawyers-adelaide.html">Di Rosa Family Lawyers Adelaide&nbsp;</a> 

&nbsp;
ALLAN BAIRD:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Thank you for joining us on Thursday Drive. &nbsp;It&rsquo;s 5.30pm and as usual at this time I am joined by station sponsor Dino Di Rosa of Di Rosa Lawyers.&nbsp;Hi Dino.
DINO DI ROSA:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Hi Allan.
ALLAN BAIRD:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Dino is in his 20th year of legal practice and is here to give you the good oil on all things legal.&nbsp;Today, yet another fascinating topic that often comes up in conversation in kitchens and lounge rooms across the nation: what is the effect of an inheritance ...]]></description></item><item><title>Spousal Maintenance drive law talk</title><link>http://www.aussiedivorce.com.au/familylawnews/spousal-maintenance-drive-law-talk.html</link><pubDate>Tue, 17 Apr 2012 03:07:33 -0400</pubDate><description><![CDATA[Family lawyer Dion Di Rosa from  <a href="http://www.aussiedivorce.com.au/familylawyers/sa/adelaide/di-rosa-family-lawyers-adelaide.html">Di Rosa Family Lawyers Adelaide&nbsp;</a>&nbsp; talking about spousal maintenance on &quot;drive talk talk&quot; 

ALLAN BAIRD:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Thanks for listening to Thursday Drive.&nbsp; It&rsquo;s that time of the evening again when station sponsor Dino Di Rosa of <a href="http://www.aussiedivorce.com.au/familylawyers/sa/adelaide/di-rosa-family-lawyers-adelaide.html">Di Rosa Lawyers</a>

 has come along to answer your questions on legal issues that affect us all.&nbsp; &nbsp;

Today Dino is here to talk about <a href="http://www.aussiedivorce.com.au/FamilyLawyerSelection/spousal_maintenance.php">spousal maintenance</a>, I think they call it alimony in the Hollywood movies don&rsquo;t they?&nbs...]]></description></item><item><title>Child representation in the Family Court</title><link>http://www.aussiedivorce.com.au/familylawnews/child-representation-in-the-family-court.html</link><pubDate>Mon, 09 Apr 2012 05:27:07 -0400</pubDate><description><![CDATA[
When parents can&rsquo;t agree and the Family Court is concerned a child&rsquo;s interests are not being properly brought to its attention, it may order that a child be separately represented by a lawyer.&nbsp; This lawyer is called a &lsquo;Child Representative.&rsquo;&nbsp; Representation by the Child Representative will help the Court take a decision in the best interest of your child.&nbsp;&nbsp; 
What does the Child Representative do?&nbsp; 
The Child Representative will:&nbsp; 
&bull; Collect information about your child from people such as teachers, doctors, psychologists and counselors;
&bull; Make sure the Court receives all necessary information about your child&rsquo;s welfare and wishes.&nbsp; Your child will not go into Court;
&bull; Where necessary, apply to the Court for a single expert to make an assessment of the parties in the case and your child and prepare a re...]]></description></item><item><title>Child Contact</title><link>http://www.aussiedivorce.com.au/familylawnews/child-contact.html</link><pubDate>Sun, 08 Apr 2012 18:47:53 -0400</pubDate><description><![CDATA[
If the parents of a child separate, it is usual for the child to live with one parent (the resident parent) and to spend regular or occasional time with the other parent.&nbsp; 
Contact&rdquo; refers to any contact between a child or any other person&nbsp; usually the parent with whom the child does not live.&nbsp;&nbsp; Contact can be time spent together, telephone calls and letters.
How does the Family Court view contact?&nbsp; 
The law views contact on the basis that, except where it would not be in the child&rsquo;s best interests, it is the right of the child to continue a relationship with the non-resident parent or with any other person important to the child.
The Family Court&rsquo;s primary consideration when dealing with contact issues is what is in the best interests of the child.
Can contact be denied?&nbsp; 
The law places a high value on the parent-child relationshi...]]></description></item><item><title>Shared Parental Responsibility</title><link>http://www.aussiedivorce.com.au/familylawnews/shared-parental-responsibility.html</link><pubDate>Sun, 08 Apr 2012 06:23:06 -0400</pubDate><description><![CDATA[Since 1 July 2006, the Family Law Act 1975 (&ldquo;the Act&rdquo;) introduced a new phrase of &ldquo;     <a href="http://www.aussiedivorce.com.au/familylawinformation/domestic-violence-presumption-of-shared-parental-responsibility.html" name="presumption of shared parental responsibility" title="presumption of shared parental responsibility">         Shared Parental Responsibility     </a>     &rdquo; for children&rsquo;s matters.
Since then there have been many misconceptions about what this means, and in particular, the belief that parents are now automatically entitled to equal     shared time with their children. Please note this is not the intention of the Act. It solely relates to the allocation of parental responsibility for a     child. It does not decide anything about the amount of time the child spends with each parent. The purpose of this letter is to make it as clear as   ...]]></description></item><item><title>What substantiation is needed for an application of divorce to be granted?</title><link>http://www.aussiedivorce.com.au/familylawnews/what-substantiation-is-needed-for-an-application-of-divorce-to-be-granted-.html</link><pubDate>Sun, 01 Apr 2012 23:05:41 -0400</pubDate><description><![CDATA[Australian law no longer requires a reason to be given for an     <a title="Application for divorce" name="Application for divorce" target="_blank" href="http://www.onlinedivorceapplication.com.au">         application for divorce     </a>     , however, there must still be proof of an &lsquo;irretrievable breakdown of the marriage&rsquo; in order for a divorce to be granted by the courts.
The question that is worth asking is: how are the courts satisfied that there has been an &lsquo;irretrievable breakdown of the marriage&rsquo;? Readers should be     aware, that     <a title="FAMILY LAW ACT 1975 - SECT 48 " name="FAMILY LAW ACT 1975 - SECT 48 " target="_blank" href="http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s48.html">         s 48 of the Family Law Act 1975     </a>     (the FLA) states that the courts will only make an order for divorce if the parties have demonst...]]></description></item><item><title>Family Law Information</title><link>http://www.aussiedivorce.com.au/familylawinformation-divorce/</link></item><item><title>Appeals process in family law</title><link>http://www.aussiedivorce.com.au/familylawinformation/appeals-process-in-family-law.html</link><pubDate>Mon, 21 May 2012 03:43:45 -0400</pubDate><description><![CDATA[In an appeal you ask the Full Court to set aside a decision made by a trial judge or federal magistrate. An appeal is not a rehearing of the original dispute. There are no witnesses called. The only evidence which is admissible is that which was before the trial judge. Therefore, for your appeal to succeed you must convince the Full Court that the trial judge or federal magistrate made an error.
A Notice of Appeal must be filed in the Regional Appeal Registry within 28 days of an order made by a judge or federal magistrate. The appellant must pay a filing fee. 
Within 28 days of filing the Notice of Appeal, the appellant must file a draft index to the appeal books. If the index is not filed within this time, the appeal is taken to be abandoned.
After the draft index is filed, the appeal is listed for a procedural hearing when orders will be made as to the preparation of the appeal for...]]></description></item><item><title>An injunction under the Family Law Act</title><link>http://www.aussiedivorce.com.au/familylawinformation/an-injunction-under-the-family-law-act.html</link><pubDate>Fri, 04 May 2012 04:57:42 -0400</pubDate><description><![CDATA[An injunction is a court order making a person do, or refrain from doing, something. It is also commonly referred to as a restraining order (intervention order). The term is most commonly used in reference to domestic violence, harassment, stalking  or sexual assault. 
An injunction under the Family Law Act 1975 (Cth) (&quot;FLA&quot;) is available to both married and divorced people with or without children, as well as to parties in a de facto relationship with or without children, including same-sex relationships. &quot;<a rel="nofollow" href="http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s4aa.html">De facto relationship&quot; is defined in section 4AA of the FLA</a>. A child can also apply for an injunction for personal protection. Unlike intervention orders under the FVPA, injunctions cannot be obtained under the FLA against other family members like siblings, uncles,...]]></description></item><item><title>Tax liabilities of business and partnerships</title><link>http://www.aussiedivorce.com.au/familylawinformation/tax-liabilities-of-business-partnerships.html</link><pubDate>Tue, 01 May 2012 08:04:02 -0400</pubDate><description><![CDATA[When certain assets must be sold (or companies liquidated) as a result of family law proceedings, it is important to quantify the amount of tax (be it CGT, income tax or GST) payable (and by whom) prior to the property settlement being finalised, otherwise, tax debts may be transmitted inequitably to one party.
Similarly, it is important that you understand the financial circumstances of the case and seek advice from tax specialists where necessary on the proposed orders for <a href="http://www.aussiedivorce.com.au/FamilyLawyerSelection/property_settlement.php" name="Property Settlement Divorce" title="Property Settlement Divorce">property settlement</a>.  A party exiting from a trading entity is normally freed from any existing liabilities as part of the <a title="divorce property settlement" name="divorce property settlement" target="_blank" href="http://www.divorcepropertysettlement....]]></description></item><item><title>Types of contribution Section 79(4)(a) (c)</title><link>http://www.aussiedivorce.com.au/familylawinformation/types-of-contribution-section-79-4-a-c-.html</link><pubDate>Tue, 01 May 2012 07:47:38 -0400</pubDate><description><![CDATA[Section 79(4)(a) &ndash; (c) sets out the matters to be considered with respect to the parties&rsquo; contributions.&nbsp;
The main types of contributions that are taken into account are:&nbsp;

    direct financial contributions to the acquisition of any property of the parties or either or them (for example, paying part of the deposit on a         house);&nbsp;
    direct financial contributions to the conservation or improvement of any property of the parties or either of them (for example, repairs and         renovations to the structure of the house);&nbsp;
    indirect financial contribution to acquisition, conservation or improvement of any property of the parties or either of them (for example, one party         pays the bills which enables the other to pay the mortgage);&nbsp;
    non-financial contributions (for example, wife carries out homemaker duties which enables the...]]></description></item><item><title>Application for Child Maintenance Orders</title><link>http://www.aussiedivorce.com.au/familylawinformation/application-for-child-maintenance-orders.html</link><pubDate>Mon, 09 Apr 2012 02:10:09 -0400</pubDate><description><![CDATA[Application for maintenance orders is not only confined to the parents of the child.         <a title="Section 66F of the Family Law Act" name="Section 66F of the Family Law Act" target="_blank" href="http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s66f.html" rel="nofollow">             Section 66F of the Family Law Act         </a>         outlines who is able to apply for orders. These parties include:
&nbsp;

    the parents of the child
    the child him/herself
    the grandparents of the child
    anybody else concerned with the care and welfare of the child.

Parents of the child include biological parents, but also adoptive parents and parents of children artificially conceived.
Child maintenance orders are only available to children who were born before and whose parents separated before 1 October 1989. However, as child         maintenance orders cease to ...]]></description></item><item><title>Property settelement case of a short marraige with no children</title><link>http://www.aussiedivorce.com.au/familylawinformation/property-settelement-case-of-a-short-marraige-with-no-children.html</link><pubDate>Mon, 16 Jan 2012 15:31:51 -0500</pubDate><description><![CDATA[
A common situation which arises in the context of short relationships is where one party contributes a significant asset at the commencement of the relationship and that asset subsequently experiences an &ldquo;uplift&rdquo; in value during the relationship or after separation.&nbsp; In this situation, the question becomes, who ought to enjoy the benefit of that &ldquo;uplift&rdquo; and in what proportion?&nbsp; 
Some general principles may be applied as follows:
&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The weight of the initial contribution in favour of the contributor will be greater where the increase in value has come about by market forces as opposed to the contributions of either party. 
&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The weight of an initial contribution in favour of the contributor may be less where the non-contributor has contribute...]]></description></item><item><title>Unlodged Tax Returns and Family Court Proceedings</title><link>http://www.aussiedivorce.com.au/familylawinformation/unlodged-tax-returns-and-family-court-proceedings.html</link><pubDate>Sun, 15 Jan 2012 23:38:57 -0500</pubDate><description><![CDATA[The Family Court has given a timely reminder of its duty to protect tax revenue, in the recent decision of Kruger &amp; Zaio [2009] FamCA 1218. Justice Mushin adjourned the property trial out of concern that the litigant husband and wife had failed to file tax returns for a number of years, and discrepancies between the information declared in the tax returns which had been lodged and the sworn evidence in the proceedings. The Court referred the matter to the Commissioner of Taxation and ordered that court documentation and 'any other document' requested by the Commissioner, be delivered to the ATO, to enable action to be taken for non-compliance.
REASONS FOR JUDGMENT
1.    At the request of counsel, and with the agreement of their clients, I met with counsel in chambers. This is clearly not a case which can be contained within two or three days, as was quoted at the original mentions ...]]></description></item><item><title>An initial contribution in a short de facto relationship</title><link>http://www.aussiedivorce.com.au/familylawinformation/an-initial-contribution-in-a-short-de-facto-relationship.html</link><pubDate>Sat, 14 Jan 2012 17:37:47 -0500</pubDate><description><![CDATA[The following case is an example of where an initial contribution in a short de facto relationship was given significant weight given the lack of “off-setting” contributions by the other party during the relationship.

Cook v Langford (2008) FLC 93-374

In this case, the parties cohabited for 5 ½ years.  At the commencement of the relationship, the wife had assets and an interest in a discretionary trust valued at approximately $14.5 million.  She also had control over a group of companies.  The husband was bankrupt.  Over time, changes occurred to the structure of the wife’s companies and their underlying assets.  After separation, shares in one company sold for $45 million.  At the date of hearing, the adjusted net assets of the group were valued at over $65.6 million.

The trial judge made adverse findings in respect of the husband’s credit and found that whilst the husband had ...]]></description></item><item><title>Pre marital assets and the erosion principle</title><link>http://www.aussiedivorce.com.au/familylawinformation/pre-marital-assets-and-the-erosion-principle.html</link><pubDate>Sat, 14 Jan 2012 16:15:27 -0500</pubDate><description><![CDATA[
A pre-marital asset will be considered to be a contribution of the person who bought that asset into the marriage. There is a principle in law known as the erosion principle, which means that over time the value of the initial contribution reduces and the contribution of the other person increases.
  
&ldquo;erosion principle&rdquo; as follows&nbsp; Lawler and Lawler(1988) FLC &para;91-927&nbsp; This case involved a marriage of 23 years.&nbsp; The husband had initially brought in the first matrimonial home and later the proceeds of its sale.
The Family Court held the longer the duration of the marriage, depending on the quality and extent of the contribution, the more the proportionality of the original contribution was eroded.&nbsp;&nbsp; This occurred, not by the passage of time, but by the offsetting contributions of the other spouse.&nbsp; 
On the facts of this case, the husban...]]></description></item><item><title>Section 75(2) Family Law Property Settlement Factors</title><link>http://www.aussiedivorce.com.au/familylawinformation/section-75-2-family-law-property-settlement-factors.html</link><pubDate>Sat, 14 Jan 2012 15:35:34 -0500</pubDate><description><![CDATA[




Section 75(2) of the Family Law Act allows for several to be taken into account along with contributions of any sort made by each spouse. The entire list is as follows:

&nbsp;

&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The age and state of health of each of the parties

&nbsp;

&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;The income, property and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate gainful employment

&nbsp;

&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether either party has the responsibility of care or control of a child of the marriage younger than 18 years

&nbsp;

&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Commitments of either party to supporting himself/herself and a child

&nbsp;

&middot;&nbsp;&nbsp;&nbsp;&...]]></description></item><item><title>The Family Law Act gives the court wide discretion powers.</title><link>http://www.aussiedivorce.com.au/familylawinformation/the-family-law-act-gives-the-court-wide-discretion-powers-.html</link><pubDate>Sat, 14 Jan 2012 00:37:23 -0500</pubDate><description><![CDATA[
<a href="http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html">Section 79</a> of the <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/">Family Law Act</a> gives to courts exercising jurisdiction under that Act a very wide discretion to alter the interests of the parties to a marriage in their respective property as an outcome of marriage breakdown. &nbsp;In exercising its discretion, the court must take into account a range of factors which are laid down in that section and in <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s75.html">s 75(2).</a> In all, there are 22 different factors for the court to consider. The Act does not state whether any factors listed in s 79(4) or s 75(2) should be given greater priority than other factors.
The width of the jurisdiction of the Court under <a href="http://www.austlii.edu.au/au/legis/...]]></description></item><item><title>CSA can make a departure prohibition order (DPO)</title><link>http://www.aussiedivorce.com.au/familylawinformation/csa-can-make-a-departure-prohibition-order-dpo-.html</link><pubDate>Thu, 29 Dec 2011 19:55:47 -0500</pubDate><description><![CDATA[CSA can make a departure prohibition order (DPO) preventing a child support debtor from leaving Australia.
Part VA of the <a title="CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988" target="_blank" href="http://www.austlii.edu.au/au/legis/cth/consol_act/csaca1988427/" rel="nofollow">Registration and Collection Act </a>gives <a title="CSA " target="_blank" href="http://www.csa.gov.au" rel="nofollow">CSA </a>the power to  make a Departure Prohibition Order (DPO). A DPO prevents a person from  leaving Australia. A DPO places significant restrictions on the freedom  of movement of citizens and residents of Australia and visitors to  Australia, and will not be made without consideration of all relevant  circumstances.
Where a DPO is in force, CSA can vary or revoke the DPO, or can issue  a departure authorisation certificate (DAC). Part VA also provides for  appeal and review rights in ...]]></description></item><item><title>High Court decision on relocation</title><link>http://www.aussiedivorce.com.au/familylawinformation/high-court-decision-on-relocation.html</link><pubDate>Tue, 20 Dec 2011 04:55:51 -0500</pubDate><description><![CDATA[
In March, the High Court handed down its decision in a case called MRR v GR, holding that court orders for shared time must be in the best interests of the child and reasonably practicable. The court held that restricting a mother to a certain location which denied her employment opportunities and caused her distress was neither in the best interests of the child nor reasonably practicable.
On 3 December 2009 the High Court allowed the applicant&rsquo;s appeal from a decision of the Full Court of the Family Court dismissing her appeal against orders of a Federal Magistrate. The Full Court should have held that it was not open to the Federal Magistrate, on the evidence before him, to find that it was reasonably practicable for the daughter of MRR and GR to spend equal time or substantial and significant time with each of her parents; and therefore it was not open to the Federal Magistr...]]></description></item><item><title>What is an Eligible Child Support Carer?</title><link>http://www.aussiedivorce.com.au/familylawinformation/what-is-an-eligible-child-support-carer-.html</link><pubDate>Fri, 09 Dec 2011 19:44:33 -0500</pubDate><description><![CDATA[
According to section 7B of the         <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/csa1989294/" target="_blank" name="CHILD SUPPORT (ASSESSMENT) ACT 1989 " title="CHILD SUPPORT (ASSESSMENT) ACT 1989 " rel="nofollow">             Child Support (Assessment) Act              1989 (Cth)         </a>         , an eligible carer is somebody who has shared care of the child. However, there are some restrictions to this.
Meaning of eligible carer 
(1) In this Act,        eligible carer , in relation to a child, means a person who has at least        <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/csa1989294/s5.html#shared_care" rel="nofollow">shared care</a> of the child.
(2) Despite subsection (1), if:
(a) a person cares for a child; and
(b) the person is neither a parent nor a legal guardian of         the child; and
(c) a parent or legal guardian of the child...]]></description></item><item><title>Application for Child Support by Non Parent Carers</title><link>http://www.aussiedivorce.com.au/familylawinformation/application-for-child-support-by-non-parent-carers.html</link><pubDate>Fri, 09 Dec 2011 19:36:39 -0500</pubDate><description><![CDATA[In order for a non-parent carer to receive child support, they must be an eligible carer.
A non-parent must also meet the following requirements to receive child support:

    either there are special  circumstances in the case which compel the applicant to apply for child  support for either or both parents, or if a parent is overseas or has  died and the applicant applies for child support for the other parent  and
    the applicant is not living with any of the parents and is not a partner of either parent and
    the applicant complies with s26 and s26A of the Child Support (Assessment) Act 1989 (Cth) and
    the required steps are taken if the parent is living overseas.

Child Support (Assessment ) ACT 1989 - SECT 26
If a <a title="non-parent carer" name="non-parent carer" target="_blank" href="http://www.austlii.edu.au/au/legis/cth/consol_act/csa1989294/s5.html#non-parent_...]]></description></item><item><title>Divorce   Question and Answers</title><link>http://www.aussiedivorce.com.au/familylawinformation/divorce-question-and-answers.html</link><pubDate>Thu, 01 Dec 2011 18:39:55 -0500</pubDate><description><![CDATA[Divorce &ndash; Question and Answers
Choosing to end a marriage is challenging. You will need to deal with huge emotional issues and make many tough decisions. You also need to know your legal rights and responsibilities. This Q &amp; A&nbsp;will answer some of the basic issues that are associated with <a title="Divorce Information " name="Divorce Information " target="_blank" href="http://www.aussiedivorce.com.au/familylawinformation/divorce-information.html">divorce law</a> in Australia.

&nbsp;

Question 1

If someone got married in India or overseas and they have a marriage certificate from overseas, can that person make an application for divorce in Australia?&nbsp;
Answer
It does not matter where the marriage took place. The fact that the person was married overseas will not preclude that person from making an application for divorce. The fact that the person was married i...]]></description></item><item><title>Family Law Business Valuation</title><link>http://www.aussiedivorce.com.au/familylawinformation/family-law-business-valuation.html</link><pubDate>Tue, 15 Nov 2011 16:51:22 -0500</pubDate><description><![CDATA[
There are a number of factors to be taken into consideration when  valuing a business for family law purposes for this reason valuation  methodologies vary depending on the type of business being valued.
There are five basic business methodologies used in Family Law matters as detailed in <a href="http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCA/2007/1044.html" target="_blank" name="Wilde &amp; Wilde (2007) FamCA 1044" title="Wilde &amp; Wilde (2007) FamCA 1044">Wilde &amp; Wilde (2007) FamCA 1044</a> :

    Discounted Cash Flow
    Capitalisation of Future Maintainable Earnings
    Value of Net Tangible Assets ( going concern basis)
    Notional Realisation of Assets
    Capitalisation of Future Maintainable Dividends

Discounted Cash Flow (DCF)

The discounted cash flow (DCF) value is the present valuation on the anticipated future streams of cash flows discou...]]></description></item><item><title>Transitional child support agreements</title><link>http://www.aussiedivorce.com.au/familylawinformation/transitional-child-support-agreements.html</link><pubDate>Mon, 14 Nov 2011 20:20:24 -0500</pubDate><description><![CDATA[Prior to 1 July 2008, CSA reviewed all child support agreements that would be in force on that day (Item 73, Schedule 5, Reform of the Child Support Scheme&mdash;New Formula and Other Measures Act) (the Reforms Act).
CSA considered each agreement to determine whether the agreement contained provisions that would continue after 1 July 2008. Regulation 21 of the Child Support Reforms Regulations specifies which provisions of an agreement would continue to operate after 1 July 2008.
Where the continuity of the agreement provisions are not affected by the changed legislation, then it became a special type of binding child support agreement known as a transitional child support agreement (item 74(1)(b)(i) of the Reforms Act).
CSA will not issue notional assessments in relation to transitional child support agreements. Where the assessment is determined under a transitional agreement, a par...]]></description></item><item><title>Changing or terminating a child support agreement</title><link>http://www.aussiedivorce.com.au/familylawinformation/changing-or-terminating-a-child-support-agreement.html</link><pubDate>Mon, 14 Nov 2011 19:59:02 -0500</pubDate><description><![CDATA[There are only a few specific ways to end an agreement. Child support agreements cannot be varied. However, child support agreement may be terminated and replaced with another child support agreement and can make reference to provisions in a previous child support agreement (sections 80CA &amp; 80F).

A limited child support agreement can be terminated:

    by a subsequent limited or binding child support agreement that contains a provision to the effect that the previous agreement is terminated (section 80G(1)(a));
    by an agreement in writing to the effect that the previous child support agreement is terminated (section 80G(1)(b));
    by a court order setting aside the child support agreement under section 136 (section 80G(1)(c))
    if the notional assessment made in relation to the child support agreement differs by more than 15% from the previous notional assessment in ci...]]></description></item><item><title>Family law trial</title><link>http://www.aussiedivorce.com.au/familylawinformation/family-law-trial.html</link><pubDate>Fri, 11 Nov 2011 04:21:01 -0500</pubDate><description><![CDATA[The trial, also known as the final hearing, is a hearing before a judge  in a courtroom. The judge conducts the trial and makes a decision about  your case (makes orders).

    
        
            
            
                
                    
                        Stage of trial
                    
                
            
            
            
            
                
                    
                        What to expect
                    
                
            
            
        
        
            Hearing opening
            At the beginning of the trial the judge  will usually take objections. This means listening to each party as they  point out any parts of the other party's affidavits that they say are  inadmissible based on the rules of evidence. The judge then rules  whether it is acceptable as evidence.
    ...]]></description></item></channel></rss>
