Blog

Will my domestic tasks be taken into account?

If your relationship led to you spending time out of the paid workforce and you were contributing to the relationship by caring for children or performing domestic tasks, then you...
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What happens when the parties are unable to reach an agreement about the division of property?

If you cannot reach agreement with your former partner then an application for property settlement must be filed. There are ongoing opportunities to settle proceedings before a decision is made...
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If both parties have reached a property division agreement, how can they be sure their agreement is binding and enforceable?

Parties are often able to reach an agreement about a property settlement with the help of their lawyers. Where parties reach an agreement they can apply to the Court for...
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We have come to an agreement ourselves. How can we formalise it?

Financial agreements can be classified into three categories: 1. Binding Financial Agreement (commonly referred to as a pre-nuptial agreement (entered into before or during the relationship) – s 90B, 2....
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How is the property split?

Depending on the length of the relationship, how the parties have organised their finances and their circumstances, a property settlement can be quite simple or involve complex negotiations. Both financial...
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How do I resolve property/financial issues?

There are several options for resolving property or financial disputes. If you and your partner can reach agreement on how your assets and liabilities should be shared you can choose...
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Do I have to be divorced before I can apply to the Court for children’s or property settlement Orders?

No, you do not have to wait to be divorced. You can apply for Orders concerning your property or children as soon as you separate. But, when your divorce is...
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Can my spouse/partner withdraw all of our savings?

There may be circumstances where you may require an injunction or a restraining order. This is a court order to stop someone from doing something which may disadvantage you, such...
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How will the court divide our property?

The court uses a four-step process to determine how property is divided between partners. Identify and value all of the assets and liabilities.  This requires both partners to be forthcoming...
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What is “marital property”?

Marital property is all assets and liabilities acquired during the course of the marriage.   Assets might include your home, cars, furniture, shares in a company, rental income and savings....
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What do we do if we can’t agree on the property division?

Many people have trouble dividing their property on their own.  Divorce is a time of emotional upheaval, bringing with it anger, loss of trust and generally an inability to communicate...
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What is a “Pre-Action Procedure”?

The courts in Australia are the last resort for settling a property dispute between spouses.  Even if you and your spouse can't come to an agreement, you need to show...
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How do my spouse and I divide property when we get divorced?

The best way to divide property is by coming to an agreement on your own.   Many couples are able to work out an agreement by themselves or with the...
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Parenting Orders

An application for a Parenting Order can be made by the child’s parents, the child, a grandparent or any other person concerned with the child’s welfare. The Court will only...
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Parenting Plans

A Parenting Plan must deal with one or more of the following matters: the person or persons with whom the child is to live, the time that the child is...
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Parenting Issues

Each of the parents of a child has responsibility for the child and a court can make an order which alters aspects of a parents responsibility toward their child. For...
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Parenting Arrangements

A family breakdown brings about many emotional issues, parenting arrangements are probably the most difficult to resolve. Where will the children live? When will each parent get to see the...
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The other parent has taken the children and is refusing to return them. What should I do?

If you have an order that the children live with you or spend time with you and the children have been taken or not returned, you need to apply to...
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Can I relocate overseas with my children?

If a parent moves away that move may affect the children’s ability to spend time with the other parent. If there are court orders you need to check whether the...
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I want to move out of the area – can I just take the children or do I need the other parent’s permission?

If a parent moves away that move may affect the children’s ability to spend time with the other parent. If there are Court Orders you need to check whether the...
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