When it comes to divorce, Australia is now, since the implementation of the Family Law Act 1975 (Cth), a “no-fault” jurisdiction. This means that there is no requirement for one party to be “at fault” for the breakdown of the marriage, for a Divorce Order to be made by the Court. In other words, the … Read more about How to get a divorce in Australia
Financial Agreements (including prenups) signed on the “way to the church” run the risk of the financially weaker spouse arguing at a later date they were pressured into signing the financial agreement or else the wedding would not proceed. The agreement would then be subsequently declared … Read more about Can I Sign a Financial Agreement Shortly Before Getting Married?
Proceedings in the Family Court for children and parenting matters end when Final Orders are made (save for when proceedings are discontinued or dismissed). But are Final Orders ever really “final”? Final Orders can be made: by consent - when agreement is reached as to the parenting … Read more about Final Parenting Orders in Family Law proceedings
Under the Family Law Act 1975 (Cth), the Family Court of Australia and the Family Court of Western Australia can declare a marriage invalid. This is formally referred to as a decree of nullity. Commonly, people would refer to a marriage annulment. What is a Decree of Nullity? A decree of nullity … Read more about How do I get my marriage annulled in Australia?
In short, a child cannot decide where they wish to live. A child can influence a decision of a Court as to where they live however but they cannot be the ultimate decision maker. What will the court consider when deciding who the child should live with? There are many factors a Court will take … Read more about Can a child decide which parent they want to live with?
Under both the Family Law Act 1975 (Cth) and the Child Support Assessment Act 1989 (Cth) parents of a child have a legal obligation to provide financial support for that child until the child turns 18 years of age. Where the parents have separated, one party may consider payment for child support to … Read more about The difference between a Binding Child Support Agreement and a Limited Child Support Agreement
One significant area of apprehension before or immediately after separation is who pays the mortgage (or mortgages) for any real property together with other joint expenses. This can be particularly difficult when one spouse remains living in the home and the other needs to find alternative … Read more about Who pays the mortgage after separation?
Proceedings in the Family Court, whether for children and parenting matters or financial matters, are stressful for all parties involved without considering the added burden of legal costs. As a family lawyer, a question commonly asked by clients is “Can the Family Court make the other party pay my … Read more about Legal costs in Family Law proceedings