Archives: faqs

It depends on the circumstances. As asset division is determined largely on the basis of contributions, the other party may have made ongoing contributions to that asset during the course of the relationship. The initial contributions are generally given...

A 2014 case in the Family Court of Australia has determined the need for a de facto couple to clearly communicate with one another when their relationship ends. Cadman & Hallett [2014] FamCAFC 142 (11 August 2014) involved a gay couple who began a...

The Australian family law has now changed in regard to the views of children in parenting matters. It is no longer the case that children over the age of 14 get to decide who they will live with after his or her parents divorce or separate. The law...

Yes. The Court may make a Parenting Order for a child to live with or spend time with a person who is not that child’s parent. It is essential, however, in child custody to consider what is in the child’s best interests before making such an order...

In the event that the other parent is also on that child’s birth certificate, the consent of both parents is required. See Family Law case examples...

This is a common question especially as children get older. If orders are in place, the child must be made available to spend time with the non-residential parent until they are 18 years of age. However the situation is very different in reality. As...

In most divorce and separation cases, the children will continue to live with the primary caregiver. There is, however, no legal entitlement for this to occur. The Australian Family Law Act requires the Court to consider shared care of the children...

Yes - No - Maybe. It is completely up to you! Subject to any other personal restrictions or other religious rules. You need to be separated for a year before being formally divorced and granted a divorce order by the Family Court. The key element...

The Application for Divorce is now exclusively an online Application via the Commonwealth Court Portal and is designed to simplify the process. The Application can be made by one spouse alone or jointly. The benefit of a joint Application is that the...

The costs involved in applying for divorce usually consist of the following: Filling Fee: Payable to the Federal Circuit Court of Australia. Filing fees are listed on the Court’s website. Service Fees: You may also need to pay for a process...