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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,...

How Much Does A Divorce Cost In Australia

What Is The Real Cost Of A Divorce? The answer to this question is not always easy to define. Each divorce may have different costs, determined by the way both parties feel about the settlement. If there are disputes then legal fees will increase due to hourly legal...

Can A Spouse Refuse A Divorce Application?

Below we explain what can happen, if your partner attempts to refuse your request for divorce. • If your spouse wishes to oppose a divorce, they must file a response to your application and serve this response to either you or your lawyer before the hearing date for...