If your divorce is not going well, you need to take action now before it is too late. The consequences of a poor property settlement or unworkable parenting orders will have drastic and long term consequence for your life and that of your children. Can I change my divorce lawyer? If you are feeling ignored …
With the merger on 1 September 2021 of the the Family Court of Australia (FCoA) and Federal Circuit Court of Australia (FCC) to create the Federal Circuit and Family Court of Australia (FCFCOA), there are also new Family Law Rules and a new Family Law Central Practice Direction. These have set out the family law …
Your Guide to the Family Law Case Management Pathway Read More »
Background The new Federal Circuit and Family Court of Australia has published its Family Law Case Management bible, the Central Practice Direction, which outlines the core principles applicable to family law proceedings and establishes a consistent national case management system. The merger of the Federal Circuit Court of Australia and the Family Court of Australia …
Guide to the Central Practice Direction Family Law Read More »
Going to court is a difficult experience for most people, especially for people dealing with the breakdown of a marriage or de facto relationship. Here we provide you with our top practical suggestions for success in family law litigation. 1. Litigation is not the end of negotiation. Some people think that litigation begins when negotiation …
Updated: April 2021 – Case Study – successful settlement in PPP500 case. There is good news for parties to a family law property dispute where the net asset pool is under $500,000 with the launch of a new pilot pilot programme running in Brisbane, Parramatta, Adelaide and Melbourne registries of the Federal Circuit Court of Australia. If you are in a property dispute where the net asset pool is under $500,000 there is now a quicker and more cost effective pathway.
If one parent has sole parental responsibility, then they may on their own proceed to enrol the child where they consider is best for them. But what of the common situation of parents who have shared parental responsibility but are unable to agree as to schooling, whether this be in relation to a new enrolment or changing schools?
Where alcohol consumption is at a normal level and poses no risk of harm to the children or other parent, it is unlikely that the mere fact of alcohol being consumed would, on its own, lead a family court to draw any adverse conclusions as to that parent’s parenting capacity. Where there are allegations of alcohol misuse then a family court must assess the level of risk.
Spousal maintenance is when a former spouse or former de facto partner agrees to, or is ordered to, provide ongoing support to their ex partner following the breakdown of their relationship.
This is known in some countries as alimony. The word “alimony” is not commonly used in the Australian family law system, we call it spousal maintenance.
The issue often arises during relationship breakdown as to who will remain living at the former matrimonial home and who will move out. Some people can manage to resolve issue by consent; while others agree to remain separated under one roof. But in many cases agreement is unable to be reached and separation under one roof is not desirable, in such cases sole occupancy is sought as the solution. The court has power pursuant to the Family Law Act 1975 to order that one party has sole use and occupation of the former matrimonial home. However, sole occupancy is not easy to obtain. Orders giving exclusive use or occupation of a matrimonial home are only made with caution. It is a serious matter to turn a spouse out of their home.
Since the identification and value of property is usually considered as at the date of the final hearing, a common issue in property settlement after separation is how to prevent the dissipation of assets. Ultimately prevention is the best cure and the sooner a property settlement can be achieved (whether by consent or by final hearing) the better.
This article will discuss three things:
Add-backs to the property pool for property which has already been dissipated;
Using urgent interim injunctions to protect assets and property;
Using a caveat to protect real property such as a house or land.
Unless you are applying for your divorce jointly, you will need to serve the other party. Unfortunately, it sometimes happens that you cannot locate your spouse to serve the divorce application. This can occur for any of a number of reasons. If you are unable to locate your spouse, even after you have taken all reasonable steps to locate them, you can apply for an order to dispense with service or for substituted service.
If both parties have reached agreement about child parenting and/or financial property arrangements and want to formalise the agreement to make it binding, they can apply to the Family Court of Australia for consent orders. Consent orders do not need to be served. There are many potential pitfalls when drafting consent orders. Parties are advised to have a lawyer draft the proposed orders and then have a second lawyer review these and give independent legal advice to the other party.
