Family Law FAQs
Rowan Skinner & Associates is a dynamic legal practice in Clifton Hill with a focus on Family Divorce Law Proceedings, Criminal Law and Litigation.
The information supplied in the FAQs section is intended as a guide only. It is not a substitute for proper informed legal advice. You should always consult a family lawyer before acting on any of these questions.
How To Get A Divorce In Victoria
- 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 seeking to divorce.
- If there are children under the age of 18 years, either one party or lawyer for the parties needs to attend the Court on the application to explain to the Court the arrangements in place for the children.
How Much Does A Divorce Cost?
Click here to read an explanation of what the cost of divorcing your partner will be and the factors that can change the basic costs.
What Are the Rules For Property Settlement?
When it comes to the way property is settled or divided in a divorce there are rules set out, however each separation is different. We have a many blog posts on property settlement, and this one discusses the potential of 50 / 50 settlements.
How Does A Court Divide Property?
There are many different factors which can all affect the way property is divided by a court during a divorce. Click the link to see an outline of the main rules which apply.
What Happens If My Partner Has Lost / Wasted Assets ?
The common cause of wanting to know what happens if a spouse has wasted assets is gambling. Here we explain what action a court may take in this case.
Can my spouse refuse a divorce application and what happens if this is the case?
If you want to get a divorce, you may be wondering if your spouse can refuse to accept a divorce application or not. Here we explain the procedure of what can happen if there is resistance to divorce procedures.
Is family violence relevant in property proceedings?
Violence can be a major contributor to divorce and many clients ask if and how family violence may effect property settlement.
You can explore this question in one of our blogs here:
How is Custody of Children Decided?
Child custody is often a major contributor to complications in divorce proceedings. If you are wondering how custody of children is decided in Victoria, the follow this link for more information.
What are the rules about custody (residence) and access (time spent)?
The official terms for custody and access are residence and time spent. The answers relating to child custody rules and access to children are available here.
What Are The Rules For Equal Or Shared Care Of Children
The choice of shared care of children is possible, but the rules for shared custody are very clear and must be understood and agreed to by both parties before a court will agree to equal shared care. You can read about them here.
How Is Spousal Maintenance Calculated
Many divorces require spousal maintenance to be paid from one partner to the other. Here is an explanation of how spousal maintenance is calculated.