Family Law Topics
Binding Financial Agreements
FINANCIAL RELATIONSHIP AGREEMENTS Australian family law permits couples to enter into financial agreements before, during, or after marriage. Couples in a de facto relationship can also make a financial agreement. What is a financial binding or Pre-nuptial agreement Pre-nuptial agreements are a form of binding financial agreement that couples make when they p...
Child Custody
Information relating to some of the common questions about child custody issues Proceedings relating to children are issued under Part VII of the Family Law Act(FLA). They may be issued if the child, a parent or a party to the proceedings is either present or ordinarily resident in Australia or an Australian citizen. (Sect 69E FLA). The Family Court, The Federal Circuit C...
Child Support
FACTS ABOUT CHILD SUPPORT In Australia, the entity that administers child support and determines the amount that should be provided is the Child Support Agency CSA. And the law that governs claims for child support is the Child Support (Assessment) Act 1989. Under this Act, the person who can make a claim from the other parent is the primary carer of the child or the one ...
Collaborative Family Law
Collaborative Family Law “Collaborative law” refers to a more complex, structured negotiation process where parties and their lawyers agree to attend a series of what have been termed “four-way” meetings, in which negotiations take place. At the outset, parties sign a formal agreement to commit to the collaborative law process, which include...
Consent Orders
What is a Consent Orders? A consent order is simply an order that the Family Court enters with your consent. When you and your spouse reach an agreement about financial or parenting issues, you can apply to the court to turn your agreement into a court order. A consent order gives your agreement the same binding effect as an order that a judge would make after a trial. &n...
De Facto Relationship Entitlements
De facto relationship is considered as marriage A de facto relationship, like marriage, is governed by the Family Law Act of 1975, s 4(1).Under this law, de facto couples enjoy the same rights as married couples. But how do we define a de facto relationship? When determining whether a relationship between unmarried persons creates the same legal protection...
Divorce
DIVORCE IN AUSTRALIA Aussie Divorce has divorce law advisors and Family Law Specialists. Our divorce law firms members also provide related services including divorce lawyer, child custody and child residence advice, and offer property division advice from some of Australia's top family lawyers. Divorce is the legal term used to describe the formal dissolution of a ma...
Divorce Application
HOW TO DIVORCE When a marriage finally comes to an end in Australia, it is defined as divorce also known as dissolution of marriage and it is handled by the Federal Circuit Court (Federal Magistrates Court) of Australia. If you can satisfy the court that you and your spouse have been separated for more than 12 months and there is no reasonable possibility that you will ge...
Divorce FAQ
DIVORCE (FAQ) You can glance our frequent asked questions and answers about the legal aspects of splitting up and divorce in general by clicking on each of the topics below: Application for a divorce cost Can I apply for a divorce? Can I oppose a divorce application? Court considerations Do I have to at...
Domestic Violence
FAMILY VIOLENCE IN FAMILY LAW COURT PROCEEDINGS Australian law protects individuals from acts of domestic violence or abuse. Each state and territory has enacted laws that benefit domestic violence victims. In addition, the Family Law Act 1975 requires Family Law Courts to take family violence into account when parties seek parenting and financial orders. FAMILY VIOLENCE ...
Family Courts
Family Courts The Family Law Act is administered by the Family Court of Australia, the Family Court of Western Australia (for West Australian residents) and the Federal Circuit Court of Australia. The Family Court of Australia was formed under the Family Law Act 1975 (Cth). Section 21 created the Family Court of Australia as a superior court of record. It has has jur...
Family law Australia
Australia's family law system The Family Law Act 1975 (‘The FLA’) is the cornerstone of the Australian family law system. It is a Commonwealth act, establishing an area of federal law that is exercised by the following courts: The Family Court; The Federal Circuit Court; and The Local Court. Previously, all family law matters ...
Family lawyers
FIND A FAMILY LAWYER At Aussie Divorce, we have a highly skilled group of approachable family lawyers who are highly experienced in relation to property matters, child custody disputes, separation and divorce. Select your state ACT - QLD - NSW - VIC - SA - WA Our lawyers deal with the process of separation on a daily basis and our divorce ...
Gay Relationship
Legal Rights of lesbian, gay, bisexual Couples lesbian, gay, bisexual couples have many of the same rights as married couples, including (in some cases) the right to a property settlement when the relationship ends Federal law in Australia continues to evolve as it recognises and protects the legal rights of gay and lesbian couples. To varying degrees, Australian st...
Glossary
Legal Words Used In The Family CourtAddress for service -The address given by a party where documents can be served on them by hand, post or some other form of electronic communication.Adjourn Defer or postpone a court event to another day.Affidavit - A written statement by a party or witness. It is the main way of presenting the facts of a case to the court. An affidavit must ...
Grandparents
Grandparents Rights Under the Family Law Act Contact for grandparents, grandfather with grandson Grandparents are playing an increasingly important role in family life, offering love, support, advice and experience. The relationship between a child and their grandparent is unique and contributes to a mutual sense of well-being and belonging within the family. Further...
Need a divorce lawyer
DO YOU NEED A DIVORCE LAWYER If you are facing the break up of your marriage, do you need a divorce lawyer to handle everything for you? With the cost of a divorce, it's understandable that many people consider handling the paperwork and court filings themselves. In some cases, this is a viable option and one that can save you money. In other situat...
Parenting Orders
INTERIM & FINAL PARENTING ORDERS Parenting orders are legal orders issued by a court regarding the parenting arrangements for a child. A court order determining parental responsibilities contains, among others, the decision of the family court (section 64B of the Family Law Act ) as to whom the child should live with; and how the child will maintain communication with the...
Parenting Plan
Parenting plan share the care A parenting plan can be a useful tool to help parents think about and allocate their responsibilities to their children after a relationship breaks down.The parents of minor children have responsibilities that survive the breakdown of a marriage or domestic relationship. The relationship that parents have with each other does not affect their...
Property Settlement
Property Settlement - Understanding how to divide the assets A couple that divorces or a de facto couple that separates can divide their property without court involvement. In many cases, however, particularly when a property is owned jointly or after a long marriage or de facto relationship, it is best to negotiate a property settlement. A negotiated property settlement ...
Separation
Separation is a major step for everyone Separation does not have to be a mutual decision by the parties to the marriage.Section 49(1) of the FLA provides that the separation can occur notwithstanding that the cohabitation was brought to an end by the action or conduct of only one of the parties. What you need to consider when you separate Whenever you separate, ...
Shared Care
Shared Care and Parental Responsibility The term "shared care" typically refers to circumstances in which children children benefit when both of their parents have meaningful involvement in their lives by spending a similar number of nights with each parent. The Family Law Act 1975 requires a Family Law Court to base decisions about children on certain principles. The ove...
Spousal Maintenance
Facts about Sposual Maintenance When a marital or de facto relationship ends, sometimes one partner faces a serious economic disadvantage. A spouse or a partner who stayed home to raise children made it possible for the other spouse to work, to earn promotions, and to establish a career. The parent who stayed at home sacrificed those same opportunities in order to a...
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