Archives: faqs

A divorce makes no difference to unresolved parenting disputes. Property proceedings must be filed in court within 12 months of the date of divorce. See Family Law case examples on the Family Law blogsite Download your Free Divorce Advice ebook...

What is Shared Parental Responsibility? Australia’s Shared Parental Responsibility, as defined by the Family Law Act 1975, requires both parents to make decisions regarding issues affecting the long-term welfare of their child. Such decisions include...

A Prenuptial agreement is a legally binding financial agreement. Also know as a prenup agreement, it is a way of recording what each person is bringing into a relationship - whether marriage or defacto. It is not created in expectation of a divorce....

In Australia, an agreement or orders can be modified by consent of both parties. In the circumstances where a Court has made orders for parenting, the orders can be amended by an Application for Consent Orders, annexing the modified proposed orders and...

If you have a reasonable fear that your ex-spouse will take the children to live interstate or overseas without reference to you, then you must immediately seek orders restraining the other parent from taking the children outside of the defined area....

The Australian Family Law Court is not concerned with the fact that either parent has re-partnered or dated another person following separation or divorce. The paramount principle applied to all decisions concerning children in the Family Court is what...

In the event of the death of one of the parties to Family Law property proceedings, the deceased person’s estate may continue the proceedings. It will be necessary to apply to the court for procedural orders to allow this to occur. See Family Law...

The Court uses a four-step process when altering property interests between spouses. Step 1 is to identify and value the property. Step 2 is to consider the contributions (financial and non-financial) to the marital assets. Step 3 is to consider...

Financial and non-financial contributions to the acquisition, conservation and improvement of property are to be considered by the Court, along with the additional consideration of the age and state of health of the parties, the income, property and...

Yes. The Court may order that one or both parties be restrained from selling or otherwise dissipating a marital asset. It is possible to obtain an injunction against third parties regarding marital property in limited circumstances. See Family Law...