Family law information by Separation & Divorce category

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A divorce order will include a certification of divorce

Once the divorce order takes effect, a divorce order will issue and will include a certification that the divorce has taken effect so that a separate divorce certificate will not be issued.

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Annulment of the marriage

Firstly we need to understand that annulment is not the same as divorce. Annulment is a finding that the marriage was never valid. In order to get your marriage annulled,

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Applying for divorce in the Federal Circuit Court

Either you or your spouse individually or jointly, may apply for a divorce after a 12 month separation period. It is done by way of written application filed in the Federal Circuit Court of Australia.

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Are you having trouble serving your divorce application

Service is the process of furnishing a copy of court documents upon the other party. Affidavit of Service is the proof of compliance to the requirement.

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Can I apply for a divorce

Applications for Divorce (and certain accompanying documents) can now be electronically filed through the Commonwealth Courts Portal. For more information see the User Guide to eFiling Divorce Applications in Family Law

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Can I change the locks after separation

The legal basis of the right of a partner in possession to change is not clear. You can change the locks but the other person has an equal right to obtain a locksmith and obtain entry to the premises.

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Can my de facto partner lock me out

Before a spouse or partner can change the locks to the house to exclude the other he needs first to think about the legal consequences of his action. The issue in this matter is whether a spouse/partner has the legal right to change the locks to the house and lock out his former spouse.

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Can we resume cohabitation but still apply for a divorce

In applying for divorce in Australia, there are several requirements that should be established in order for the Court to be satisfied that the separation of spouses is the only reasonable outcome of their relationship.

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Declaration of Nullity of Marriage

A declaration of nullity of marriage is a court finding that there was no valid marriage between the parties even though a marriage ceremony took place.

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Division of the family home and assets

The family home is the asset that most often causes controversy, both before and after a divorce. It is usually the most valuable asset to divide in a divorce

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Divorce - What do I do if I cant find my husband or he is overseas

If you really cannot find your husband, all is not lost as you can still file for divorce. The Court may say you do not need to serve your husband with the divorce papers.

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Divorce - legal advice for women

The only requirement for eligibility for a divorce is the need to have been separated from your husband for at least 12 months.

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Divorce - 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.

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Divorce has no effect on property division

Divorce has no effect on rights or obligations relating to property, children or child support. Applications for Orders in respect of children can be made before or after the divorce.

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Divorce information to apply for a divorce

To apply for a divorce, you must complete an Application for Divorce and file it with the Court and pay the application fee.

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Divorce Online Application for Divorce

Applications for divorce may be filed individually or jointly. Either way, parties must first comply with the required period of 12 months of separation

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Divorce Spouses cannot always hold onto a lavish lifestyle after divorce

The more affluent lifestyle is nice while it lasts, but what happens when it ends? In the event of a divorce, should the spouse with less wealth continue to live an enviable life, or return to the less fortunate premarital lifestyle?

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eFiling divorce application

The Commonwealth Courts Portal has afforded parties to a case and their counsel an easily accessible and convenient way to file their documents.

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Eligibility for divorce

Persons who may apply for Divorce in Australia and the important things to remember to know before filing an Application for Divorce.

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Ending a Marriage or de Facto relationship

Ending a marriage simple, however, certain criteria have to be met before a couple can finally divorce. The first of these is the making of an application to the Federal Circuit Court. To do this you must follow a specific procedure to ensure that your divorce will be approved.

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Financial and property issues after separation

Whether you are married or in a de facto relationship, you will need to address financial issues if you separate.

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Have you been married less than two years

If you have been married less than two years and want to apply for a divorce, you must either: attend counselling or if you have not attended counselling, seek permission of the Court to apply for a divorce.

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How do I apply for a divorce in Australia

Assuming you are eligible, it is not difficult to apply for a divorce in Australia. Here is a quick guide to help you understand the process.

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Is divorce want you want

Once you or your spouse have made the decision to go ahead the divorce, certain events occur whether you want them to or not.

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leaving the family home after separation

Leaving or selling the marital home is one of the most difficult consequences of divorce, and it is a sad reality for many couples, as they have to downsize when they go their separate ways.

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legal requirements for divorce in Australia

The main requirement when applying for a divorce is that the parties must have been separated for more than 12 months prior to filing a divorce application.

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Marriages of less than two years

Couples whose marriage lasted for less than two years are required to attend counselling before they can apply for a divorce. The aim is for the parties to first exhaust all efforts towards reconciliation.

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Practical information about divorce and nullity

Divorce is one of the legal processes relating to family relations cases under the Family Law Act 1975 (FLA) where a party files an application to legally end the marriage with the appropriate court on the ground that the marriage has broken down irretrievably.

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Process of getting divorced in Australia

To apply for a divorce, you must complete an Application for Divorce and file it with the Court.

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Property orders of the court

The court has some far-reaching powers when it comes to property orders. It may order the transfer of the property to either party or to a child from the marriage.

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Separating from my spouse with children

Separating from a spouse or domestic partner is never easy. It is even more difficult if you have children together. Here are some things you should think about before you separate.

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Separation under one roof

Separation may be apparent in other ways such as the parties not performing the usual activities of marriage like sleeping together, sharing bank accounts, shopping or going out with the children together. Hence, it is possible that a wife and husband live under roof but lead separate lives.

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Still deciding whether to separatedivorce or not

You owe it to yourself and your children. Take the time and energy to work out the value of the relationship to you in personal terms. See a counselor, talk to your partner.

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The Importance of Updating Your Will after separation or divorce

If you divorce, what should you do about your Will? Separated or divorced spouses need to update their Wills to reflect their current desires. When you married, you probably wrote a will that left everything to your spouse.

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What are my entitlements in a de facto relationship

If you are in a de facto relationship that breaks down, you may be entitled to the same benefits a divorcing spouse would receive. This article will explain those entitlements.

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What is a decree of nullity

A declaration of nullity is a finding that there was no legal marriage between the parties, even though a marriage ceremony may have taken place.

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