Interim Property Settlement
It is not uncommon that upon separation, one party controls the majority of the matrimonial assets. In addition to this, it is not unusual for one party to earn significantly…
It is not uncommon that upon separation, one party controls the majority of the matrimonial assets. In addition to this, it is not unusual for one party to earn significantly…
Interim hearings are hearings by a Judge that deal with discreet issues before a final hearing. The orders made at an interim hearing can last a long time, so you…
Getting a divorce in Australia is a national process. It is the same for all states in Australia. The steps vary between whether or note your a sole applicant or…
The family court uses what we call a 4 (or 5) step approach to determine who gets what in divorce or separation. Most commonly people end up with 60/40 or even 70/30. Rarely they get half.
You are entitled to whatever is fair. It varies relationship to relationship as to what the Court considers fair. When determining what is fair, the Court considers your initial contributions, your contributions throughout the relationship and your future needs.
Sole parental responsibility usually goes hand in hand; however, they are not the same thing. Sole parental responsibility means to be entirely responsible for the long-term decisions of the children. Sole parental responsibility is having exclusive control over what religion the child is, what medical treatment they accept, what school they will go to, what diet they will have. It means absolute 100% responsibility for all significant life long decisions until the children attain the age of eighteen (18) years.
You have a strict time limit of 12 months from that date of your divorce order to make an application to the Court for a property settlement. In de facto, you have two years to apply to the Court for a property settlement.
Mediation is a form of ADR (amicable/alternative dispute resolution) which, for parenting matters, is a compulsory step you must take before you can file proceedings (unless your matter is urgent)…
Family orders, either for parenting matters or property settlement, can be quite complex. What happens if you or your ex-partner fail to comply with the orders? If the orders are…