FAMILY LAW
When can I get a Divorce?A Court will grant a Divorce if they are satisfied that you and your spouse have lived seperatel and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be seperated
Can I oppose a Divorce?A person can only oppose a Divorce if therehas not been a 12 month period of seperation as alleged in the application, or if the Court does not have jurisdiction
I have been married for less than 2 years, can I get a Divorce?Yes, but you will have to attend counselling as directed by the Court before you can file an application for Divorce.
Do I have to attend Family Dispute Resolution?In 2006 the law was changed to make FDR more accessible to families, reduce Court congestion, reduce costs for families and to reduce the effect of post-separation disputes on the children of the relationship. FDR is mandatory for matters where children will be affected, except in matters where violence is present.
Do grandparents have rights to make an application for time with the children?The short answer is yes, grandparent's do have the right to make an application under the Family Law Act to spend time with their grandchildren. The Court has regard for the best interests of the children.
What can I do if my partner has taken the children and refuses to return them?If there is an parenting order where the child is to live with or spend time with one parent and that parent refuses to return them, you may apply tot he Court for recovery orders. This allows the state and federal to search for and return the child. If there is no such parenting order in place at the time, you may apply for the parenting order and recovery of the child at the same time. Your lawyer will do this on your behalf.
Can we settle property matters prior to finalising the Divorce?Yes, many matters including property can be settled before the Divorce procedings begin.
Are there any time limits to filing for spousal maintenance or property settlement?Yes, if you are married you must apply for spousal maintenance or property settlement within the subsequent 12 months. If you are in a de facto relationship, you will have 24 months to apply for this.
What would a lawyer do for me in these situations?Family Law matters are more complex than most legal matter. For this reason you will need a lawyer to;- Take instructions and give you advise as to your options- Attend to preparing Court documents and applications- Liaise with the other side on your behalf- Attend Family Dispute Resolution with you- Attend Court with you- Deal with property division- Ensure your child's right are held paramount- Ensure you get what your rights afford you
Can I oppose a Divorce?A person can only oppose a Divorce if therehas not been a 12 month period of seperation as alleged in the application, or if the Court does not have jurisdiction
I have been married for less than 2 years, can I get a Divorce?Yes, but you will have to attend counselling as directed by the Court before you can file an application for Divorce.
Do I have to attend Family Dispute Resolution?In 2006 the law was changed to make FDR more accessible to families, reduce Court congestion, reduce costs for families and to reduce the effect of post-separation disputes on the children of the relationship. FDR is mandatory for matters where children will be affected, except in matters where violence is present.
Do grandparents have rights to make an application for time with the children?The short answer is yes, grandparent's do have the right to make an application under the Family Law Act to spend time with their grandchildren. The Court has regard for the best interests of the children.
What can I do if my partner has taken the children and refuses to return them?If there is an parenting order where the child is to live with or spend time with one parent and that parent refuses to return them, you may apply tot he Court for recovery orders. This allows the state and federal to search for and return the child. If there is no such parenting order in place at the time, you may apply for the parenting order and recovery of the child at the same time. Your lawyer will do this on your behalf.
Can we settle property matters prior to finalising the Divorce?Yes, many matters including property can be settled before the Divorce procedings begin.
Are there any time limits to filing for spousal maintenance or property settlement?Yes, if you are married you must apply for spousal maintenance or property settlement within the subsequent 12 months. If you are in a de facto relationship, you will have 24 months to apply for this.
What would a lawyer do for me in these situations?Family Law matters are more complex than most legal matter. For this reason you will need a lawyer to;- Take instructions and give you advise as to your options- Attend to preparing Court documents and applications- Liaise with the other side on your behalf- Attend Family Dispute Resolution with you- Attend Court with you- Deal with property division- Ensure your child's right are held paramount- Ensure you get what your rights afford you