Archives: faqs

In divorce and separation, parents often wonder what they need to do before commencing Court proceedings in respect of children and child custody. Prior to filing an application for parenting orders in the Federal Magistrates Court of Australia or...

Most commonly known as a prenuptial agreement or prenup there are now six types of “financial agreements” for couples. These are also called “binding financial agreements” . These include: Different Types of Prenuptial Agreements 1.   ...

Are you the one leaving your house in a separation? If you are leaving your house, either planned or in circumstances of urgency, such as being a victim of domestic violence, be sure that you take the following:     * personal...

A will gifting property to a spouse is void upon divorce. Until the time of divorce, however the will is valid. It is important for separating couples to change their wills following an adjustment of property interests. See Family Law case examples on...

The Federal Magistrates Court of Australia was established in 1999 to help relieve the overburden on the Family Court of Australia to provide a forum to hear less complex matters. The Federal Magistrates Court deals exclusively with divorce...

A common misconception for parties in family law disputes is the difference between an order for equal shared parental responsibility and an order for equal time with the children. The two orders, while separate, are not mutually exclusive. Parental...

All property of the parties is considered “marital property” even if a particular asset is legally in one party’s name or was owned by them prior to marriage. The Court may consider each party’s contribution to the marital property. The extent...

Family violence is any physical violence, threats, emotional and psychological abuse and includes damaging property. Violent behaviour is unlawful and in addition to protections and the family law, there may be protections given under the criminal...

From 1975, the Divorce Law in Australia has stipulated only one ground for a Decree of Dissolution on Marriage – that is, that the marriage has broken down irretrievably [s48(1) Family Law Act FLA]. Irretrievable Breakdown of Marriage Ground for...

In Australian family law, an ex parte order is made in circumstances of urgency where the other party has not attended at Court. It is possible to get an ex-parte interim order for parenting in circumstances where not having an urgent order may place the...