Applying for Divorce
Applying for Divorce in Australia In Australia, a ‘no-fault’ system is adopted for divorce cases. The single justification for divorce is the ‘irretrievable breakdown’ of a marriage, indicative of no real possibility of reconciliation. Jurisdiction to order the dissolution of marriage is held by the Federal Circuit and Family Court of Australia (FCFCOA) under the Family Law Act […]
Global v Asset by Asset Approach in Property Settlement
Global v Asset by Asset Approach in Property Settlement The Family Law Act 1975 (Cth) of Australia provides a framework for determining the division of assets and liabilities when a marriage or de facto relationship ends. This legislation does not differentiate between “long” or “short” relationships explicitly; rather, it mandates the evaluation of numerous factors, including the length […]
Understanding Cryptocurrency in Family Law
Understanding Cryptocurrency in Family Law The Family Law Act 1975 (Cth) mandates an equitable distribution of marital wealth following the termination of a marriage in Australia. This distribution typically encompasses tangible possessions such as family residences and automobiles, as well as investment assets like superannuation. Nevertheless, the dynamic landscape of the digital world has given rise to a […]
Staying connected when you are apart
Unfortunately, not all parents are able to spend time with their children as much as they would like or are able to. Following separation, many things changes and new living arrangements and work commitments can lead to parents feeling isolated from their children. However, these changes do not mean you lose your connection to your […]
Pets – Personal Property or Family Members?
During a relationship, especially a long one, many couples purchase a pet who end up becoming beloved family members in the owners’ eyes, so any suggestion that they should not be treated in the same way as children is met with surprise. How are pets treated in family law? As much as we see our […]
7 Essential Things to Consider When Separating
Note down your Separation date The separation date will be relevant to property settlement, in the sense of whether contributions were made before or after separation. It is also needed when applying for a divorce. De facto couples have 2 years from the date of separation to deal with their property matters. For married couples, […]
What happens to your jewelry after separation?
What to do with wedding ring and other jewelry after separation You are looking to separate from your partner. What happens to your engagement ring? What happens to the gold jewelry that Aunt Carol gifted you as a wedding present? Will my jewelry be included in the asset pool for the property division? As couples […]
Separation where Children are involved
Tending to your own needs after separation You may be going through a whole range of emotions like grief, sorrow, guilt, loneliness, anger, relief, or even feeling rejected. It is okay to feel these emotions as everyone processes their feelings differently and at different rates. The emotions you are experiencing at this moment may come […]
What to do before you apply for Parenting Orders
How do I apply for parenting orders? Did you know there are certain things you need to do before applying for parenting orders? These are referred to as pre-action procedures. The pre-action procedure applies to: anyone considering starting a case anyone named as a respondent if a case is started, and their lawyers (if any). […]
What is spousal maintenance?
Do I have to support my former spouse financially after we separate? Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets. In determining whether or not to grant an […]
