Family Law Blog
Who gets the family home after separation?
Who gets the family home after separation depends on who can refinance the property taking into account there is likely to be a payment made to the other party. If you are on an income of $50,000 and the current Mortgage is say $400,000 then you are highly unlikely to...
What are consent Orders?
Consent Orders are Orders that you agree on and are then made by the Court in your absence. Consent Orders can be in relation to parenting or financial matters. In order for Consent Orders to be filed, a document known as a Financial Statement must be prepared and...
What happens on the first Court date in the Family Law System?
If you are unlucky enough to be in the Family Law system, the Court process can be quite daunting. The first court date usually occurs 6-8 weeks after the documents are filed with the court, unless the Court considers the matter urgent. The judge does not usually...
How to get a Divorce
Do I have to go to Court? A Divorce Application must be filed in the Federal Circuit Court (a court that deals in family law). You do not need to attend if: 1. There are no children under 18; 2. Your spouse does not object; and 3. You have evidence that you...
Family Law Agreements
What is a Pre-nuptial Agreement? These Agreements are for people intending to enter into either a marriage or a defacto relationship but the Agreement must be completed and signed before the marriage or cohabitation commences. A Prenuptial Agreement is one form of...
“Crime” and “Punishment” in Family Law property settlements
People sometimes complain, occasionally with good reason, about questionable behaviour by their partner during the relationship. Things like abuse of alcohol, drugs, gambling, squandering of money, or being abusive to them or their children. Can a spouse be "punished"...
Latest statistics reveal that half of all Apprehended Domestic Violence Orders in NSW fail…
According to the latest figures from the NSW Bureau of Crime Statistics and Research, NSW Courts issued 26,491 Apprehended Domestic Violence Orders (ADVOs) in 2014. Of those 26,491 Orders, 11,788 were breached - almost 44% of all ADVOs issued by the Courts. It is not...
The French Impotence Courts
The history of marriage can reveal some very interesting facts. In 16th Century France for example, men who were not able to please their wives in bed were summoned before the Court. This is because one of the few reasons the Church would allow a woman a Divorce was...
Out of Court resolution of parenting issues after separation
Dealing with children's living and care arrangements by agreement There are a few myths about the Australian Family Court system that may not stand up to a reality test. Unfortunately, the protracted delay for children's matters is not a myth but a reality. According...
Are you considering a Divorce? Here is our quick guide to the steps involved.
1. You, your spouse, or both, file an Application for Divorce in the Federal Circuit Court of Australia. 2. Pay the relevant filing fee with your Application. The current filing fee for a Divorce Application is $845.00. If you are a sole Applicant for the Divorce...