Parenting orders can be made based on an agreement between you and your partner, or if you cannot reach an agreement, you can apply to the Court to make a parenting order after a court hearing. A parenting order is a set of orders made by the court about parenting arrangements for a child.
Will a personal injury payout be included in the divorce settlement? It will always depend on the circumstances of each case. The Court will consider the relationship as a whole and the post-separation circumstances of both parties when deciding whether to include it in the division of the property pool.
Often the lower income earner will become the homemaker and take care of the children. The court had to decide whether an adjustment should be made to the property division. The husband earned almost 10 times more than the wife whilst they were married and after they separated. The Court ordered an adjustment.
The High Court held that two almost identical agreements could be set aside for unconscionable conduct, and the majority of the Court agreed that the agreements could further be set aside for undue influence. The agreements in question are a prenuptial agreement and a post-nuptial agreement made under the Family Law Act 1975.
Decisions about which school to enrol your child at and getting ready for school often cause disagreement when parents are divorced or separated. It is important to remember however that your child’s education remains your responsibility as the child’s parents, even after separation and divorce.
If you are thinking of separating or are in the process of separating, you will know that it is a difficult time of your life. You have so many questions and so many decisions to make. Most people are not familiar with the legal process of separation, and many friends will offer advice.
Many would argue that it all depends on where you leave your child, how old the child is and how long you leave the child unattended. Let’s consider a few scenarios. Can you leave your sleeping baby in the car while you run into the service station to pay for your fuel?
Does it matter whether you and your partner buy property together before or after marriage? There isn’t a difference. If you buy property together without being married, you will probably be considered being in a de facto relationship. A de facto relationship is defined in s4AA of the Family Act, and there is almost no difference when property settlements are considered at the breakdown of a marriage or a de facto relationship.
A mother is entitled to financial support from the father to help with maintenance during the childbirth period. This includes expenses relating to the pregnancy and the child’s birth. It also includes any private health, health Care card or Medicare rebates, as long as the expenses are reasonable out-of-pocket expenses
If you find yourself in a situation where you are concerned about possible drug or alcohol abuse by your child’s other parent, it is important for you and the Court to understand which tests are available for different substances and when to request which test.
In Stanford v Stanford the High Court stated clearly that when determining property settlements, the first thing to do is to determine if it would be just and equitable to make a property adjustment between the parties. What constitutes “just and equitable” will depend on the individual circumstances of your relationship.
Under Sharia Law daughters automatically go with the father. It is believed that he can look after them better as a provider and a father figure. Instead of trying to fight this battle through Australian courts, the mother decided to fight for her children using Sharia Law.
Are you at a higher risk for divorce because you got married on Valentine’s Day? You and your partner might have sentimental reasons to get married on a specific date, and that should not be any indication of whether your marriage is more likely to end in divorce, or not.
Do you feel like you and your partner are living under one roof, but are actually living separate lives? Maybe you feel like you are not sharing anymore and you don’t spend any time really connecting? You might even go out often with friends or go on date nights, but you still feel like you are drifting apart?
Nagging doesn’t achieve anything (at least not anything positive for your relationship). You are actually only expressing your own negative emotions. You might be justified to be angry, but you are not necessarily right. Nagging doesn’t work – we all know that by now. Sometimes we need to do the exact opposite. Yes, I know it is difficult, but let’s think about alternatives.
One of the most important tasks during separation and divorce is to make practical parenting arrangements. This could become complicated when the two parents live far apart. If travel between the two homes is necessary, the impact of the travel on the children must be considered.