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Child Custody – The Basics

Child Custody – The Basics The Australian legislature made significant changes to the way the courts approach custody issues in 2006. This legislation indicated a strong preference for parents to...
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Child Custody – The Details

Child Custody – The Details By its very nature, separation and divorce is difficult, emotionally draining, and has a major impact on your life. However, if you have children, this...
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Custody Disputes: Major Long-Term Issues

In custody disputes, one of the issues parents often disagree over is which parent will decide the major long-term issues; such as where the child will attend school, what the...
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Child Support Enforcement and Collection

Child Support Enforcement and Collection 1988 Changes  Australia has come a long way when it comes to child support enforcement. In 1988, les than 30% of child maintenance was paid,...
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Determining Paternity and the Impact on Child Support

The issue of paternity can sometimes present problems for a party who is seeking child support from someone who is claiming not to be the father of the child. While...
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Superannuation in Property Division

When a couple separates or divorces,  or a de facto relationship[i] ends, property must be divided.  Property includes all of the assets – houses, cars, jewelry, furniture – and all...
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Premarital and Postmarital Property

When a couple divorces (or de facto or same sex couples terminate their relationship), one of the major decisions to make is "who gets what".  A pre-nuptial agreement may help...
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What Every Good Parenting Plan Should Have

No two families alike, especially no two divorcing families.  So parenting plans will differ, depending on the size of the family, religious affiliation, professional status of parents, income, educational needs...
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Parental Responsibility and Shared Time

Parental Responsibility and Parenting Time The Family Act 1975 ensures that children maintain their relationships with both parents and guarantees both parents the right to spend time with their children,...
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Do co-parents have the same rights as legal parents?

A child born to a lesbian couple will generally have a birth mother and a lesbian co-mother. The current family law system recognizes the birth mother as a legal parent....
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What if my partner says we were not in a relationship?

The Court will consider the length of the relationship, your living arrangements, how you arranged your finances and property ownership, whether there was a sexual relationship, whether or not you...
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Am I entitled to a property settlement?

You can make an application for a property settlement under the Family Law Act if any of the following apply: your same sex relationship lasted for at least 2 years;...
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How do we settle our property?

The same laws about property apply whether or not you were married or in a same sex relationship. You can start negotiations about property as soon as the relationship has...
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We are a same sex couple. What are our rights and obligations?

For relationships that break down after 1 March 2009, new laws apply under the Family Law Act. The same legal principles that apply to financial settlements between parties to a...
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Establishing co-parents as legal parents of a child

A child born to a lesbian couple will generally have a birth mother and a lesbian co-mother. The current family law system recognizes the birth mother as a legal parent....
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Children of a same sex couple relationship

The laws relating to property settlement at the end of a same sex couple relationship have recently changed. For relationships that have broken down since 1 March 2009, the Family...
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Property

One of the most important, and perhaps the most difficult, issue facing couples who separate is the question of ‘who gets what?’ The Family Law Act provides for property settlements...
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Separation agreements

Separation agreements are a type of Binding Financial Agreement. A separation agreement is entered into in anticipation of, or at the conclusion of a same sex couple relationship. These agreements...
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How to formalise a binding financial agreement

Binding Financial Agreements can be made between parties in a same sex couple relationship. These agreements can be made before, during or after the same sex couple relationship.
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Binding Financial Agreements between same sex couples

Parties to a same sex couple relationship can make binding financial agreements. A financial agreement can be made either before the relationship begins at any time during the relationship or...
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