Family Law Blog
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Divorce, Property Settlement, Separation
Divorce can be a stressful and uncertain time, particularly when it comes to dividing assets and finances. Many people assume their partner is automatically entitled to half of everything, but Australian family law does not follow a fixed formula. Instead, the law focuses on achieving a fair and just outcome based on individual circumstances. Understanding […]
Divorce
If you have separated and wish to apply for a divorce to legally end your marriage, you will be faced with a decision to make: Should I apply for a joint divorce or a sole divorce? In today’s blog, we will discuss the key differences between joint and sole applications for divorce so you can […]
Divorce, Property Settlement, Separation
In Australian family law, separation occurs when a marriage or de facto relationship has “broken down irretrievably” with no chance of reconciliation. You may be wondering, what does separation actually mean? Generally speaking, separation arises when parties to the relationship stop living together. However, this is not always the case. In today’s blog, we will […]
Property Settlement
After the breakdown of a marriage or de facto relationship, you may need to divide your assets with your ex-partner. In family law matters, this process is referred to as a property or financial settlement. An important step in property settlement matters is determining the assets and liabilities of each party. This is referred to […]
Divorce
Getting a divorce can be a straightforward affair in many cases. No pun intended. However, sometimes there are circumstances and issues involved that can make things more complicated and involve extra steps. In today’s article, we look at some of the most common issues that come up in divorce cases in Australia. We’ll also cover […]
Parenting Arrangements
When separated parents cannot agree about arrangements for their children, they may elect to apply to the Federal Circuit and Family Court of Australia (‘the FCFCoA’) for Parenting Orders. As of May 2024, the Family Law Act 1975 (Cth) has changed how the Court makes Parenting Orders. The primary consideration when making the Orders must […]
Divorce
Does every divorce case have a Court hearing? Yes, all divorce cases will involve a formal Court hearing but it’s not always required that you attend the hearing. To begin the divorce process, an Application for Divorce must be lodged with the Federal Circuit and Family Court of Australia. By filing an application for divorce, […]
Divorce, Property Settlement, Separation
If you are going through a separation or divorce and need to divide assets with your ex-partner, you may have come across the terms ‘Consent Order’ or ‘Binding Financial Agreement’. In short, they are the two ways that you can choose to finalise your property settlement agreement in the event of a relationship breakdown. If […]
Divorce
Acknowledgement of Service Divorce If you’ve been served with an Application for Divorce, it means that your former partner has applied to the Federal Circuit and Family Court of Australia to legally end the marriage. Whilst this can be an emotional time, it’s important that you understand the legal consequences of the divorce and what […]
Divorce
If you have separated, you may be wondering – how soon can I apply for divorce? In Australia, you can apply for divorce only after you have been separated from your spouse for at least 12 months. Use our “online questionnaire to determine if you’re eligible for divorce”. Can we file for divorce before 1 […]
Family Law General, Property Settlement
In Australia, a prenuptial agreement (also known as Binding Financial Agreement or simply, BFA) is a contract between partners that operates to determine how assets, liabilities and financial resources will be dealt with in the event of a separation. A BFA can be entered into during or even after a relationship but a ‘pre nup’ […]
Family Law General, Property Settlement
If you’re wondering whether your current partner could be considered your de facto spouse, then you may wish to keep on reading. In Australia, parties determined to be in a de facto relationship for the purposes of family law proceedings have the same rights and entitlements as married couples. Likewise, they have the same obligations, […]
Divorce
If you are looking to apply for a divorce in Australia, you must be separated from your spouse for at least 12 months and one day. Additionally, one or both of the parties must have a connection to Australia. If you have been married for less than 2 years at the time you file your […]
Family Law General, Separation
Among the many changes which may come with family law separation, the financial adjustments to living on a single or significantly reduced income is often paramount and difficult. When a person has a tough time supporting themselves financially after the breakdown of a relationship, there may be options to seek spousal maintenance from the other […]
Parenting Arrangements
After separation or divorce, one of the most important considerations will involve the ongoing care arrangements for any children of the relationship. Amongst the many stressors of separation and divorce, having agreed terms and a clearly defined structure of parental responsibilities can be of great use. There are a few different types of parenting agreements: […]
Divorce
To get a divorce in Australia, you must be separated from your former spouse for 1 year. During the period of separation, a lot of things can change. It is not uncommon for couples to lose contact with each other, especially when they do not have any children together. So, when you are ready to […]
Divorce
After separation, some couples remain living together in the same house. This may occur for a number of reasons, including wanting to have both parties remain in the house for the children, financial reasons or health of the parties. This is referred to as ‘separation under the one roof’. Eligibility for divorce in Australia To […]
Family Law General
Quick Summary You can now sign certain documents, such as affidavits and statutory declarations, with a qualified witness by videocall where you are unable to have them witnessed in person. You can also sign certain documents electronically where you are unable to sign by hand (i.e., where you don’t have access to a printer), simply […]
Family Law General
Whenever you appear as a witness in a courtroom or file an affidavit or statutory declaration with the Court, including in the Federal Circuit and Family Court, you will likely be asked: “Are you swearing or affirming?” If you’ve ever been left stumped by the question, or you’re just wanting to know the legal difference […]
Family Law General
Quick Summary You can use a Justice of the Peace, Commissioner for taking Affidavits, solicitor, or barrister to witness your affidavit. You should sign the bottom of each page in the presence of your witness, who will sign each page with you. You should then sign the last page in the presence of your witness, […]
Family Law General, Separation
When separating from your partner, whether married or in a de facto relationship, mental well-being is a priority. Giving calm and considered thought to what you need to do, what comes first and what comes next will go a long way to coming through separation emotionally stable and financially secure. Preparing for separation will also […]
Family Law General, Separation
At Family Law Resolutions, we understand that family law matters are often difficult. Navigating through this challenging period of your life can cause emotional strain. Therefore, it is so important to look after yourself and your mental health during this time. Some ways we recommend caring for your mental health include taking up a new […]
Divorce
Take this quiz to find out if you can apply for a Divorce in Australia
Property Settlement
Amongst the many tasks to attend to after separation or divorce is the often-complex matter of property settlement. Property settlement can be one of the most expensive components of your separation. Depending on the lawyer you engage, the fees can accrue very quickly. But more importantly, if your matter has to go to Court, the […]
Divorce, Property Settlement
In Australia, there are time limits which apply to divorce applications and property settlement after separation. If a relationship breaks down and you separate from your partner, both divorce and property settlement proceedings will need to be commenced within specified time limits. The time limits for divorce applications and property settlement differ. Time limits for […]
Property Settlement
What happens to the family dog or other family pets after separation? Dogs, cats and other cherished animals are an integral member of the family. However, the family law system actually addresses pet ownership (or custody) as part of the property settlement process. So, understanding that “Rufus” is property for distribution, regardless of the circumstances […]
