Divorce & Separation
Things You Must Do Following Separation
Following separation, there are a number of important things you must attend to. It is necessary for both of you to make some immediate decisions in relation to more practical matters impacting upon your children and joint assets. Read more
Separation: Taking Care of Yourself
Separation can be an incredibly difficult time for everyone concerned, particularly children. Not only do you need to ensure that you’re managing your own emotional wellbeing, often your experience is complicated by the need to respond appropriately to the grief and adjustment difficulties experienced by your child or children. Often, significant and meaningful assistance can [...] Read more
Separated, but contemplating Marriage
When it comes to considering marriage during a separation period, you should not plan to remarry until the divorce order is finalised. In most cases, this is one month and one day after the divorce hearing, however, you should not assume the divorce will be granted at the first court hearing. For example, you may [...] Read more
‘Is the child really mine?’
On occasion there may be some doubts held in relation to the paternity of a child. From the outset it is imperative to acknowledge that any confusion in relation to paternity should not be shared with a child without the guidance of a counsellor or psychologist, and not until there is some definitive understanding of [...] Read more
Have you tried Reconciliation?
It goes without saying that separation is a significant event, with emotional, physical and financial repercussions. Accurate and timely information, emotional support and surrounding yourself with positive assistance is both crucial and the first step to re-building your life. Whilst every couple is unique, reconciliation counselling may help you understand more about your feelings and [...] Read more
Divorce Application Hearings
People can often become confused and think that the divorce application hearing will consider things like property settlement and maintenance matters. The granting of a divorce does not decide issues about property and maintenance or parenting arrangements for your children. If you want to make arrangements about these issues you can: • make an agreement [...] Read more
Divorce Application Considerations
A really common question people ask is “what will a court consider in my divorce application?” The Family Law Act 1975 established the principle of no-fault divorce in Australian law. This means that a court does not consider why the marriage ended. The only ground for divorce is that the marriage has broken down irretrievably. [...] Read more
‘Does the court favour mothers?’
It is true to say that in separated households mothers in Australia tend to be responsible for more overnight care of children each year than fathers do. Read more
‘I’m not the parent, but can I see the child?’
The short answer is yes. Under the provisions of the Family Law Act 1975 (Cth), a parent, grandparent or any person concerned with the care, welfare or development of a child can make application to the Court. Read more
Shared Care
`Shared Care’ is often informally defined as an arrangement where a child spends between 5 and 7 evenings each fortnight with each parent. There is research to suggest that shared care works well where families fit the following profile: • they live close together; • parents get along well enough to develop a business like [...] Read more
Opposing A Divorce Application
When it comes to opposing a divorce, there are few opportunities to oppose a divorce application. You can only oppose the divorce where: • there has not been 12 months separation as alleged in the application, or • the court does not have jurisdiction. If you do not want the divorce granted, you must complete [...] Read more
Married overseas, but want a divorce in Australia
If you were married overseas, you can apply for a divorce in Australia if either you or your spouse: • regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or • are an Australia citizen by birth or descent • are an Australia citizen by grant [...] Read more