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Blogs

How do I get equal custody of my child?

Did you know that if there is a court order for equal shared parental responsibility, either by consent or decision of the court, the court must consider whether the parents should have equal shared care of the children? How does the Court consider whether parents...

Pre-Nuptial Agreements in Australia: Pros and Cons

We see a lot of what are known as pre-nuptial and post-nuptial binding financial agreements drafted by other lawyers, often using ‘boiler-plate,’ clauses many of which are non-compliant with the Family Law Act and likely to be set aside, if they were subject to...

How Does The Court Divide Property From Divorce?

How Does the Court divide property? In Australia, the principles which apply are the same for married couples and de facto couples. The first step, work out the total value of your existing property, which each of you own, regardless of whether it is in joint or...

How is Custody of Children Decided?

Equal shared parental responsibility (which is a presumption that the Court will make unless rebutted in cases of family violence or child abuse) means that both parents have equal say in long term matters relating to their child. An example of such a matter would be...

Custody Guideline On Shared Care Of Children

Equal shared parental responsibility (which is a presumption that the Court will make unless rebutted in cases of family violence or child abuse) means that both parents have equal say in long term matters relating to their child. An example of such a matter would be...

How Does A Court Divide Property If My Partner Has Wasted Our Assets?

There are instances where one party loses or wastes an asset, for example, gambles your house away, or sends your money on illegitimate causes. In some circumstances where this is proven, the Court might agree to given you a cash adjustment for the value of the lost...

Affect Of Family Violence On Asset Division During Divorce

The answer is that proof of family violence could be relevant to a property settlement in this way: In family law property settlements, the court decides how property is divided on the basis of financial and non-financial contributions made to the existing property....

Considering a surrogacy arrangement? Here is what NOT to do

By Jessica Coles-Black Substantial amounts of money, blackmail, extortion and even an inappropriately behaved lawyer. This matter involved everything that any good tv miniseries has. The recent case of Soon & Poon, heard by the Family Court in Sydney, involved a...

What Are The Rules For Divorce In Victoria

Many people ask us about different rules to do with divorce in Australia. Here are some of the more common questions answered. • In Australia, you can apply for a divorce within 12 months of separation • You do not need to prove fault on the part of the person you are...

What are the Rules for a Divorce Property Settlement?

As with all official processes, there are certain rules that govern the process and possible outcomes of a divorce. With this questions, people are often referring to how property and other assets will be divided, how soon a divorce can be processed and property...

What are the rules about child custody and access

Here are the rules in Victoria in relation to child custody (residence) and access (time spent): • Custody is known as ‘residence’ of a child, a term coined in child custody laws. • The appropriate division of time a child spends with each parent is formulated by...

In the Event of Divorce, How Does the Court Divide Property?

• In Australia, the principles which apply are the same for married couples and de facto couples • First, work out the total value of your existing property, which each of you own, regardless of whether it is in joint or single names • Property includes real property,...
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