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Do Grandparents Have Any Entitlement to Spend Time or Communicate with Their Grandchildren?

There are legislative provisions under the Family Law Act which gives legal standing to grandparents who wish to make an application in Court to spend time with their grandchildren. Section 60B of the Family Law Act aims to ensure that children receive adequate and proper parenting to help them achieve their full potential and to…

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Who gets to keep the Family Pets?

When a marriage or de facto relationship ends, the division of assets begins. An increasingly situation Family Lawyers are now being faced with is clients involved in so-called ‘pet custody disputes’, that is, being asked advice as to “who gets to keep the dog?” or “does the cat form part of our ‘property’?” Despite the…

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Should I file my parenting application in the Family Court Or Federal Circuit Court of Australia?

If any one of the following criteria applies to you, then your application for Final Orders ordinarily should be filed and/or heard in the Family Court of Australia: 1. International child abduction. 2. International relocation. 3. Disputes as to whether a case should be heard in Australia. 4. Special medical procedures (of the type such…

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Is a shared parenting arrangement best for my children?

When parents separate / divorce… Unfortunately, divorce (and separation of de facto couples) happens frequently in our society. It is a major source of stress for everyone involved – especially for those separating families with children. After parents separate, their children’s needs remain the same: secure, loving, supportive and emotional ties with parents they can…

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In the eyes of the law, are my partner and I considered de facto?

There is no definitive ‘yes’ or ‘no’ answer to that one without first engaging in closer examination of the nature and dynamics of your relationship. When married couples come to court, they produce a copy of their marriage certificate to prove they fall under the jurisdiction of the Family Law Act 1975 and, as such,…

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Can my spouse and I just have an agreement between ourselves regarding our property division?

The answer is yes, of course you can, but it is highly inadvisable. You should be aware that you (and your spouse) take a very serious risk by not formalising your agreement with the aid of at least one expert family lawyer between you. Most couples formalise their agreement by way of ‘Consent Orders’ which,…

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Can I get an annulment instead of a divorce?

The answer is maybe, but most likely, no. We promise we are not being difficult or pessimistic, so let us explain why…from the beginning. Marriage in Australia is defined in the Marriage Act 1961, where section 5 lists four factors that constitute a valid marriage, adopting the definition in the old English case of Hyde…

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Can I claim spousal maintenance from my former spouse?

The answer is yes, but you must first jump through a few hoops to have the Family Court of Australia make an order for spousal maintenance in your favour. In a nutshell, section 72(1) of the Family Law Act 1975 says that a party to a marriage (or party to a de facto relationship if…

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Are there time limits by which I have to comply with in family law proceedings?

The answer is yes, there a many different time limits imposed by the legislation in respect of various applications and proceedings. Here are some examples: a. You (as the applicant) must serve your divorce court documents on your spouse not less than 28 days before your divorce hearing; 42 days if your spouse is overseas….

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I Don’t Know Where My Ex-Partner Is, So Can I Still Get Court Orders?

Clients sometimes ask us… “I don’t know where my ex-partner is, so can I still get court orders?” Yes, you can. There is no requirement that both parties participate in matters before the court, including matters relating to divorce, property/financial settlement and even parenting. Matters that are pursued by only one party, with no involvement…

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Is My Spouse Entitled To Half Our Assets?

Clients sometimes ask us… “Is my spouse entitled to half our assets?” In our experience, possibly from what they hear in the media about Hollywood divorces, people often mistakenly believe all separating couples must split their property 50:50. There is nothing in Australian family law which says each party will receive 50% in a property…

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