If you are married, despite common misconceptions, you do not have to wait until you divorce to commence property proceedings if you have finally separated from your significant other. Similarly, if you are in a de facto relationship and you separate, there is no minimum time you do not have to wait to sort matters out.
The Australian family law system has been criticised by the media, politicians, the wider community and unsurprisingly, the litigants who have had the unfortunate experience of being exposed to it for many years. The legal profession has also at times been critical of the lack of resources allocated to the system which has led to an inadequate amount of judicial officers and caused significant delay for litigants.
It’s not just ‘parents’ who can have parenting orders made: the Court can make orders on the application of either or both the child’s parents, the child, a grandparent of the child, or any other person concerned with the care, welfare or development of the child (section 69C, Family Law Act 1975 (Cth)).
Under Australian law, children’s views (if expressed) have to be taken into account in determining what arrangements are being made for children.
Trevor O’Sullivan and Andrew Davies are trained specialist Alternative Dispute Resolution Practitioners who are neutral, independent mediators.
This article explores the 3 main benefits of entering into a Binding Child Support Agreement.
This article explores the impact that embarking on a new relationship following separation with your ex de facto partner or spouse can have on your family law financial matters.
When money is advanced by a family member, whether
it is characterised as a gift or loan can be significant in
the resulting asset division between the parties.
To commence proceedings in Australia, statutory requirements in relation to a nexus to Australia (citizenship, residency, domicile, and/or geographical) must be met. Provided these are met, the Australian Family Courts will have jurisdiction to make Orders dealing with overseas assets in property settlement proceedings.
Families migrate to Australia from overseas for a myriad of reasons – employment, education, etc. Many migrant families have the same primary motivation to move to a new country – a better life for themselves and their children. However, one of the risks in migration is that more often than not, families have limited financial and emotional support from extended family members.