Blog
Category: Divorce
Can I keep the engagement ring after separation or divorce?
This seems like a simple question, but the answer is far from simple. Who keeps the engagement ring after separation or divorce will depend on your individual circumstances. The issue of who keeps the ring is a question frequently asked of family lawyers.
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Can I finalise property settlement without getting a divorce?
After separation or divorce, things can get confusing and sometimes overwhelming. There are often several family law processes all happening at the same time, and many of these will have timeframes you need to be mindful of and adhere to. In this article, we specifically look at the process of how divorce intersects with property settlement.
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Divorce is only one part of finalising separation from your partner
To finalise separation from your partner, there are a number of issues that should be considered and addressed over and above obtaining a Divorce Order (if you were married) or simply moving on with your life if you were in a de facto relationship.
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Is my inheritance protected after separation or divorce?
Unfortunately, inheritance is not a protected asset or property in family law matters when married spouses or de facto partners separate. Due to the broad discretion afforded to the Family Law Courts in Australia, the treatment of inheritances can be a vexing issue in property settlement matters.
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What happens at a divorce hearing?
After an application for divorce has been made by a party, a divorce hearing is allocated by the Court. Whether attendance at the divorce hearing is required is dependent on whether there are children of the marriage who are under the age of 18 years and whether the application was made solely or jointly.
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How to get a divorce in Australia
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.
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How do I get my marriage annulled in Australia?
Under the Family Law Act, 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.
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Working with a variety of professionals can make the experience of separation easier
To get through the family law system, ensuring all your rights and entitlements are protected, you’re actually much better off taking advantage of the swathe of professionals that can assist you.
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The effects of separation (and divorce) on children
It has long been said “it is not separation that affects children, it is conflict”. No matter how amicable your separation (or divorce) may be, the process is still difficult and likely to be stressful. With children, you have the added pressure of ensuring all your actions are in the best interests of the children.
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Pets and other animals in the family law system
Many families and couples often welcome furry friends into their homes and lives. Pets are often cherished members of a familial unit. But what happens to those pets (or other animals) if the relationship ends? Who gets custody of the pets, so to speak?
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What is duty of disclosure in family law?
When a marriage or de facto relationship ends and a property settlement is required, the parties are required by the Family Law Rules to provide full and frank disclosure about their financial circumstances. This is referred to as your duty of disclosure.
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Your Will and the effect of separation, divorce and marriage
It is very important to keep your Will up to date to reflect changes in your personal and family circumstances, particularly in the event of separation from your partner, marriage or divorce.
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